2007 Oregon Code - Chapter 358 :: Chapter 358 - Museums - Historical Societies - Preservation of Historical and Archaeological Properties and Objects - Oregon Historic Families Database
Chapter 358 — Museums; Historical Societies;
Preservation of
Historical and
Archaeological Properties and Objects;
2007 EDITION
MUSEUMS; HISTORIC PRESERVATION
EDUCATION AND CULTURE
358.015Â Â Â Â State policy to
contribute to Oregon Historical Society
358.018Â Â Â Â Duties of
358.035Â Â Â Â Oregon Historic
Families database; duties of State Archivist
358.045Â Â Â Â
358.055Â Â Â Â
358.057Â Â Â Â Value and significance
of state historic trails
COUNTY HISTORICAL FUND
358.171Â Â Â Â Election to establish
county historical fund
358.180Â Â Â Â Tax levy for county
historical fund; limitation
358.190Â Â Â Â Historical fund not
subject to Local Budget Law
358.200Â Â Â Â Annual estimate of
historical societies
358.210Â Â Â Â Disbursement of county
historical fund
358.220Â Â Â Â Annual report of
expenditures
358.230Â Â Â Â Termination of tax levy
for county historical fund
CITY MUSEUMS
358.310Â Â Â Â Definitions for ORS
358.310 to 358.405
358.315Â Â Â Â General authority of
cities regarding public museums
358.320Â Â Â Â Museum commission
358.325Â Â Â Â Terms of commission
members
358.330Â Â Â Â Chairperson
and secretary of commission; duties of commission regarding records, rules,
reports and budgets
358.335Â Â Â Â Vacancies on
commission
358.340Â Â Â Â Compensation of
commission members
358.345Â Â Â Â Authority of city to
establish and operate public museum
358.355Â Â Â Â Acquisition of site
and structure for museum
358.360Â Â Â Â Duties of museum
commission respecting establishment of museum
358.365Â Â Â Â Duties of museum
commission respecting operation of museum
358.370Â Â Â Â Payment of expense of
museum operation
358.375Â Â Â Â Issuance of bonds to
acquire museum site and structure
358.380Â Â Â Â General bond law
applicable to museum bonds
358.385Â Â Â Â Pledge of museum
revenues for payment of museum bonds
358.390Â Â Â Â Revenue bonds and
pledges of revenue not general obligations of city
358.405Â Â Â Â Method of settling
disagreement where joint action of cities required
LOANS TO MUSEUMS
358.415Â Â Â Â Definitions for ORS
358.420 to 358.440
358.420Â Â Â Â Status of property
loaned to a museum; statute of limitations on recovery
358.425Â Â Â Â Notice of termination
of loan; content
358.430Â Â Â Â Procedure for giving
notice; responsibility of owner
358.435Â Â Â Â Status of title to
acquired property
358.440Â Â Â Â Notice to lenders
HISTORIC PROPERTY
(Task Force on Historic Property)
(Temporary provisions relating to Task Force on Historic Property are
compiled as notes preceding ORS 348.475)
(Policy and Definitions)
358.475Â Â Â Â Policy
358.480Â Â Â Â Definitions for ORS
358.480 to 358.545
358.482Â Â Â Â Additional
definitions applicable to property first classified and assessed as historic on
or after July 1, 1996
(Application)
358.487Â Â Â Â Application
for classification and assessment as historic property; term of assessment;
exclusion from participation; fee
358.490Â Â Â Â Review
and approval of application by State Historic Preservation Officer; withdrawal
358.495Â Â Â Â Notice
of approval or disapproval; effect of approval; request for hearing; committee
determination of final order
358.499Â Â Â Â Limitations on
classification and assessment as historic property
(Valuation)
358.505Â Â Â Â Determination
of specially assessed value, maximum assessed value and assessed value of
historic property; appeals; rules
(Review)
358.509Â Â Â Â Review of continued
qualification of property by State Historic Preservation Officer
358.511Â Â Â Â Historic Assessment
Review Committee
(Disqualification)
358.515Â Â Â Â Loss
of special assessment; effect of sale or transfer; notice to assessor when
property ceases to qualify
358.525Â Â Â Â Imposition of
additional taxes when property disqualified; exception
358.526Â Â Â Â Interest
not imposed following disqualification under certain circumstances;
requirements
(Change of Classification)
358.528Â Â Â Â Application to change
classification as historic property; withdrawal permitted
(OwnersÂ’ Reports)
358.535Â Â Â Â Reports from owners;
effect of failure to comply
(Renewal)
358.540Â Â Â Â Limitation on renewal
of historic property assessment; exception; rules
358.541Â Â Â Â City or county
authorization for second term historic property
(New Construction)
358.543Â Â Â Â Effect
of new construction on historic classification; request; effect of State
Historic Preservation Officer approval; rules
(State Historic Preservation Officer)
358.545Â Â Â Â Rules of State
Historic Preservation Officer
358.565Â Â Â Â State Historic
Preservation Officer
358.570Â Â Â Â Oregon Heritage
Commission; establishment; terms of commission members
358.575Â Â Â Â Commission membership
358.580Â Â Â Â Selection of
chairperson; quorum; meetings
358.583Â Â Â Â Purpose and duties of
commission relating to museums
358.585Â Â Â Â Rules
358.590Â Â Â Â Advisory and technical
committees; reimbursement of commission member expenses; solicitation of funds
358.595Â Â Â Â Coordination
of heritage activities; Oregon Heritage Plan; inventory of state cultural
properties
HISTORIC PRESERVATION PLAN
358.605Â Â Â Â Legislative findings
358.612Â Â Â Â Duties of State
Historic Preservation Officer
358.617Â Â Â Â Rules
358.622Â Â Â Â State Advisory
Committee on Historic Preservation
PRESERVATION OF PROPERTY OF HISTORIC SIGNIFICANCE
358.635Â Â Â Â Definitions for ORS
358.635 to 358.653
358.640Â Â Â Â State-owned historic
artifacts; catalog; recommendations to state agency; rules
358.645Â Â Â Â Review of private
property of historic significance
358.647Â Â Â Â Transfer of
state-owned historic artifact
358.650Â Â Â Â Acceptance of historic
artifact as gift to state; custody; finders fees
358.653Â Â Â Â Conservation program;
leases
HISTORIC PRESERVATION REVOLVING LOAN FUND
358.662Â Â Â Â Definitions for ORS
358.662 to 358.678
358.664Â Â Â Â Historic Preservation
Revolving Loan Fund
358.666Â Â Â Â Historic Preservation
Revolving Loan Fund Review Committee
358.668Â Â Â Â Historic preservation
loans; application and approval process
358.670Â Â Â Â Loan contract terms
and requirements
358.672Â Â Â Â Lien created when
historic preservation loan made; procedure; foreclosure
358.674Â Â Â Â Types of property for
which historic preservation loan may be made
358.676Â Â Â Â Rules; fees
358.678Â Â Â Â Annual report
358.680Â Â Â Â Definitions for ORS
358.683 to 358.690
358.683Â Â Â Â Oregon Property
Management Program; rules
358.685Â Â Â Â Duties of director
358.687Â Â Â Â Reports
358.690Â Â Â Â
LOCAL SYMPHONIES AND BANDS
358.820Â Â Â Â Tax levy for municipal
orchestras and band
358.831Â Â Â Â Election to levy tax
358.840Â Â Â Â Action upon favorable
vote
358.850Â Â Â Â Annulment of tax
358.880Â Â Â Â Oregon
State Museum of Natural History; activities; location; operation; state
participation
358.885Â Â Â Â
358.900Â Â Â Â Oregon
State Maritime Museum; functions; participation by Department of Transportation
ARCHAEOLOGICAL OBJECTS AND SITES
358.905Â Â Â Â Definitions for ORS
358.905 to 358.961; interpretation
358.910Â Â Â Â Policy
358.915Â Â Â Â Application
358.920Â Â Â Â Prohibited conduct;
exception; penalty
358.923Â Â Â Â When collection may be
held notwithstanding ORS 358.920 (3) and (4)
358.924Â Â Â Â Objects
held unlawfully considered contraband; seizure; procedure; disposition of
seized objects
358.925Â Â Â Â Seizure of
instrumentalities and proceeds of certain violations; forfeiture; procedure
358.928Â Â Â Â Alternative
method for seizure and forfeiture of instrumentalities and proceeds of certain
violations; procedure
358.935Â Â Â Â Forfeiture of seized
objects in criminal prosecution
358.940Â Â Â Â Reinterment
required; notice to appropriate Indian tribe or Commission on Indian Services
358.945Â Â Â Â Notice required upon
finding of object; exception
358.950Â Â Â Â When notice to Indian
tribe required; report; penalty
358.953Â Â Â Â Compensation
to property owner deprived of lawful use of property; expense of removal
358.955Â Â Â Â Civil enforcement
358.958Â Â Â Â Remedies not precluded
358.961Â Â Â Â Time limitations on
actions or proceedings; tolling of statute
     358.005 [1961 c.160 §18; renumbered 357.805]
     358.010 [Renumbered 357.815]
     358.015
State policy to contribute to
     358.018
Duties of
     (2) The Department of Transportation shall
consider the advice of the Oregon Historical Society, particularly advice
regarding the designation of historic buildings, sites and other historic
places. [Formerly 358.770]
     358.020 [Renumbered 357.825]
     358.030 [Amended by 1961 c.160 §20; renumbered
357.835]
     358.035
     (2) The State Archivist shall compile
     (3) The Oregon Historic Families database
shall be funded by federal grants from the National Endowment for the
Humanities or other sources made available for purposes such as establishing
the database. The State Archivist may submit applications for federal grants to
establish the database.
     (4) As used in this section, “Oregon
Historic Families” means individuals whose names appear in decennial census
data prior to the census of 1910. [1989 c.685 §1]
     358.040 [Renumbered 357.845]
     358.045
     (1) Coordination of local, regional and
national efforts to develop the
     (2) Encouragement of Oregon Trail
recognition and interpretation in cities situated along the
     (3) Development of an integrated concept
plan and economic feasibility study for
     358.050 [Amended by 1961 c.160 §21; renumbered
357.855]
     358.055
     (1) Preparing and distributing maps,
brochures and other promotional literature that publicize the historical, cultural
and recreational opportunities available along the
     (2) Promoting the celebration of the 150th
Anniversary of the Great Migration of 1843 on the
     358.057
Value and significance of state historic trails.
     (1) The Lewis and
     (2) The
     (3) The Applegate National Historic Trail;
     (4) The Nez Perce National Historic Trail;
     (5) Alternate routes of the
     (a) The
     (b) The
     (c) The Meek Cutoff;
     (d) The Free
     (e) The Cutoff to the
     (6) Major historic trails of
     (a) The Klamath Trail;
     (b) The
     (c) The
     (d) The
     (e) The
     (f) The
     (g) The
     358.060 [Amended by 1961 c.160 §22; renumbered
357.865]
     358.070 [Renumbered 357.875]
     358.080 [Amended by 1961 c.172 §6; renumbered
357.885]
     358.090 [1961 c.160 §19; renumbered 357.895]
     358.110 [Repealed by 1981 c.126 §6]
     358.120 [Repealed by 1981 c.126 §6]
     358.130 [Repealed by 1981 c.126 §6]
     358.140 [Repealed by 1981 c.126 §6]
     358.150 [Repealed by 1981 c.126 §6]
COUNTY
HISTORICAL FUND
     358.160 [Repealed by 2005 c.22 §255]
     358.170 [Amended by 1965 c.327 §1; repealed by 1983
c.350 §227 (358.171 enacted in lieu of 358.170)]
     358.171
Election to establish county historical fund. (1) This section establishes the procedure for determining whether a
county historical fund should be created. The question shall be decided by
election. The governing body of a county:
     (a) May order the election on its own
resolution; or
     (b) Shall order the election when a
petition is filed as provided in this section.
     (2) An election under this section shall
determine:
     (a) Whether a county historical fund should
be created; and
     (b) The amount of taxes to be levied
annually for the fund.
     (3) The resolution or the petition calling
an election under this section shall designate the amount of taxes to be levied
annually for the county historical fund.
     (4) The requirements for preparing,
circulating and filing a petition calling an election under this section shall
be as provided for an initiative petition in ORS 250.165 to 250.235.
     (5) Notwithstanding subsection (4) of this
section, if ORS 250.155 makes ORS 250.165 to 250.235 inapplicable to a county,
the requirements for preparing, circulating and filing a petition under this
section shall be as provided for an initiative petition under the county
charter or an ordinance adopted under the county charter.
     (6) The notice, time and manner of
election shall be governed by the applicable provisions of ORS chapters 246 to
260.
     (7) An election under this section may be
held only on the date of a statewide general election. [1983 c.350 §228
(enacted in lieu of 358.170); 1995 c.79 §198; 1999 c.21 §71]
     358.180
Tax levy for county historical fund; limitation. (1) When authorized by the electors as set
forth in ORS 358.171, the county court may levy, in addition to the taxes now
permitted by law to be levied, an ad valorem tax upon the taxable property in
the county for the purpose of creating a county historical fund.
     (2) The levy shall be a continuing levy in
the amount required by the detailed estimates annually filed with the county
court under ORS 358.200 less any amount carried forward from the preceding year
excepting reserve funds previously set aside and approved by the county court,
but not exceeding one-fortieth of one percent (0.00025) or such part thereof as
is authorized by the electors of the county, of the real market value of all
taxable property within the county, computed in accordance with ORS 308.207. [Amended
by 1963 c.9 §17; 1977 c.325 §1; 1991 c.459 §323]
     358.190
Historical fund not subject to Local Budget Law. The county historical fund is not subject to
the provisions of the Local Budget Law and shall be a continuing fund. [Amended
by 2003 c.46 §50]
     358.200
Annual estimate of historical societies. Upon the creation of a county historical fund, the president and
secretary of any historical society organized as a nonprofit organization under
the laws of Oregon, affiliated with and approved by the Oregon Historical
Society and including in its purposes the acquisition by gift, purchase or
other means and the preservation of historical objects, real and personal
property of historical interest, records, material and data for the purpose of
which the fund was created, and the acquisition by gift, purchase, or other
means, of real and personal property for use in connection with any of those
purposes, may, on or before March 1 of each year, file with the county court of
such county a detailed estimate of the money required during the year
commencing the following July 1 for such purposes. [Amended by 1977 c.325 §2]
     358.210
Disbursement of county historical fund. Upon the filing of the detailed estimate and approval thereof by the
county court, all moneys in the county historical fund are subject to disbursal
by warrants drawn by the historical society and signed by the president and
secretary of the society. No money withdrawn from the fund shall be expended
except for purposes set forth in ORS 358.200 and included in the detailed
estimate.
     358.220
Annual report of expenditures.
On or before January 1 of each year, every historical society specified in ORS
358.200 which has received moneys from a county historical fund shall submit a
report in writing to the county court showing in detail how such moneys have
been expended during the preceding fiscal year ending June 30. [Amended by 1977
c.325 §3]
     358.230
Termination of tax levy for county historical fund. The authority to levy taxes for the county
historical fund shall be deemed terminated in any county by the majority vote
of the electors of the county voting to that effect on such question at any general
election. Such termination shall be without prejudice to any subsequent
authorization of such levy under ORS 358.171 and 358.180.
CITY MUSEUMS
     358.310
Definitions for ORS 358.310 to 358.405. As used in ORS 358.310 to 358.405, unless the context requires
otherwise:
     (1) “Governing body” means the city
council in relation to a city museum or the respective city councils of the two
or more cities in relation to a joint city museum.
     (2) “Museum” includes any collection of
archaeological specimens, artifacts, pioneer relics, articles, documents and
other things of historical, scientific or artistic import assembled, displayed,
preserved and protected for the benefit of the public, for educational and
scientific purposes or to commemorate the occupation and development of the
Pacific Northwest region, and the structure or structures housing such
collection.
     (3) “Museum objects” includes any of the
objects described in subsection (2) of this section. [1953 c.481 §1; 1973 c.757
§1; 1983 c.260 §3]
     358.315
General authority of cities regarding public museums. Any city acting through its governing body
or a museum commission established under ORS 358.320, may, for public museum
purposes:
     (1) Accept deeds, gifts, devises or
bequests of land, money or other valuable things and hold, control or dispose
of such things according to the terms of the deed, gift, devise or bequest,
except that whenever the deed, gift, devise or bequest is conditioned upon any
act of the city or the museum commission, the governing body of the city shall
determine prior to acceptance whether the condition may be complied with.
     (2) Accept in the name of the city, and
thereafter hold as public property, museum objects given for museum purposes by
any person, historical society, association or other organization.
     (3) Purchase, collect, exchange for or
otherwise acquire museum objects in the name of the city, and thereafter hold
or dispose of the same as public property.
     (4) Receive in the name of the city museum
objects loaned for display, holding them in accordance with the terms of the
loan agreement and displaying them for the benefit of the public and for
educational and scientific purposes.
     (5) Enter into all necessary contracts or
agreements for services, assistance or cooperation with the federal government
or any of its agencies, with the State of Oregon or any of its educational
institutions or agencies, with any political subdivision of this state, with
any person, including nonprofit educational or foreign corporations, or with
educational and scientific foundations. [1953 c.481 §2; 1973 c.757 §2; 1983
c.260 §4]
     358.320
Museum commission. (1) The
governing body of a city may appoint a museum commission, which shall consist
of seven members chosen with reference to their fitness for the position.
     (2) The members of a city museum
commission shall be residents of the city in which the museum is or is to be
located. When two or more cities jointly establish, maintain and operate a
public museum, four of the members of a joint city museum commission shall be
residents of the city in which the museum is or is to be located and three of
the members shall be residents of the other city or cities. [1953 c.481 §6;
1957 c.200 §1; 1969 c.693 §2; 1973 c.72 §1; 1973 c.757 §3; 1983 c.260 §5]
     358.325
Terms of commission members.
Two of the first members of a museum commission shall be appointed for one
year, two shall be appointed for two years and three shall be appointed for
three years, as determined by the governing body. Except for the first members
and appointments to fill vacancies, the terms of members of a museum commission
shall be three years and until their successors are appointed and qualified. [1953
c.481 §7]
     358.330
Chairperson and secretary of commission; duties of commission regarding
records, rules, reports and budgets. A museum commission shall:
     (1) Elect a chairperson and secretary to
serve until the next succeeding first Monday in January and until their
successors are elected. The secretary shall keep permanent and complete records
of the proceedings of the museum commission.
     (2) Adopt rules governing the transaction
of its business.
     (3) Prepare and submit an annual budget
and an annual report to the governing body. [1953 c.481 §10]
     358.335
Vacancies on commission. A
vacancy in the position of member of a museum commission shall be filled by a
qualified person appointed by the governing body for the remainder of the
unexpired term of the appointee’s predecessor in the position. [1953 c.481 §8]
     358.340
Compensation of commission members. The members of a museum commission shall receive no compensation as
members, but shall be reimbursed for expenses incurred in the performance of
their duties and approved by the chairperson of the museum commission. [1953
c.481 §9]
     358.345
Authority of city to establish and operate public museum. (1) Any city may establish, maintain and
operate a public museum.
     (2) Any two or more cities may jointly
establish, maintain and operate a public museum. [1953 c.481 §3; 1957 c.200 §2;
1973 c.757 §4; 1983 c.260 §6]
     358.350 [1953 c.481 §4; repealed by 1957 c.200 §3]
     358.355
Acquisition of site and structure for museum. In the event that a public museum is established under ORS 358.345,
the city or two or more cities, acting through the governing body or museum
commission, may:
     (1) Acquire a site or sites for the
museum.
     (2) Construct a structure or structures to
house the museum collection, or lease a structure or structures for such
purpose for not more than 50 years.
     (3) Use public sites or structures or both
for museum purposes. [1953 c.481 §5; 1973 c.757 §5; 1983 c.260 §7]
     358.360
Duties of museum commission respecting establishment of museum. A museum commission shall:
     (1) Determine the kind and class of museum
to be established and submit such determination to the governing body.
     (2) Investigate and determine the most
suitable location for the museum and the adequacy of roads or streets and
parking areas therefor, and submit its proposals relating thereto to the
governing body.
     (3) Subject to approval by the governing
body, arrange for the design of the museum and the preparation of plans
therefor.
     (4) Investigate and make determinations
with regard to such other preliminary matters in connection with a public
museum as are deemed necessary or desirable, and submit its proposals relating
thereto to the governing body.
     (5) When the establishment of a museum is
authorized under ORS 358.345, and upon authorization by the governing body,
prepare bids and advertise for bids for the construction of the proposed
museum. [1953 c.481 §11]
     358.365
Duties of museum commission respecting operation of museum. When a museum is established under ORS
358.345, a museum commission shall:
     (1) Maintain and operate the museum for
and in the name of the city or two or more cities.
     (2) Subject to the approval of the
governing body before they become effective, adopt and publish rules relating
to the operation of the museum, admission charges thereto and the
administration of the museum objects in the museum.
     (3) In conformity with its rules and ORS
358.310 to 358.405, act as administrator of all museum objects in the museum.
     (4) Establish maintenance and operating
policies sufficient to keep the museum presentable and in a proper state of
repair.
     (5) Subject to the approval of the
governing body, advertise the museum in an appropriate manner.
     (6) Compile, print and sell or distribute
free of charge historical, educational, scientific and artistic literature.
     (7) Subject to the approval of the
governing body, employ necessary employees and fix their compensation.
     (8) Prescribe and publish a charge or
charges which may be made for admission to the museum.
     (9) Collect all admission charges and
other museum revenue, and pay such charges and other revenue into the treasury
of the city or two or more cities, to be deposited to a separate account and
disbursed by the museum commission as directed by the governing body. [1953
c.481 §§12,13; 1973 c.757 §6; 1983 c.260 §8]
     358.370
Payment of expense of museum operation. The governing body may provide for the payment of the expense incident
to museum operation, care and maintenance of museum objects, structures and
grounds, and compensation of employees by means of annual budgeting and
appropriation. [1953 c.481 §14]
     358.375
Issuance of bonds to acquire museum site and structure. (1) In the case of a city museum, and when
authorized by the electors of the city voting at a primary election or general
election, the governing body may issue general obligation or revenue bonds of
the city for the purpose of providing all or part of the funds necessary to
acquire a museum site or sites and to construct the museum.
     (2) In the case of a joint city museum,
and when authorized by the electors of the two or more cities voting at a
primary election or general election, each city council of the two or more
respective cities may issue general obligation bonds or revenue bonds of each
of the two or more respective cities for the purpose of providing such portion
of the funds necessary to acquire a museum site or sites and to construct the
museum as is determined by the governing body. [1953 c.481 §§15,16; 1973 c.757 §7;
1983 c.260 §9; 1983 c.350 §§229,229a; 1987 c.267 §78; 1995 c.712 §109]
     358.380
General bond law applicable to museum bonds. The provisions of ORS chapter 287A apply to bonds issued under ORS
358.375. [1953 c.481 §17; 1983 c.260 §10; 2007 c.783 §160]
     358.385
Pledge of museum revenues for payment of museum bonds. The governing body may pledge all or part of
museum revenues, collected or to be collected, as security for the payment of
general obligation bonds or revenue bonds issued under ORS 358.375. [1953 c.481
§18]
     358.390
Revenue bonds and pledges of revenue not general obligations of city. Revenue bonds issued under ORS 358.375 and
pledges of revenue under ORS 358.385 shall not be construed as a general
obligation of the issuing city. [1953 c.481 §19; 1983 c.260 §11]
     358.395 [1953 c.481 §20; repealed by 2007 c.783 §234]
     358.400 [1953 c.481 §21; repealed by 2007 c.783 §234]
     358.405
Method of settling disagreement where joint action of cities required. Whenever joint action by the city councils
of two or more cities is required or authorized under ORS 358.310 to 358.405,
and there is disagreement between or among the city councils of the two or more
respective cities, the matter shall be submitted to a judge of the circuit
court for the judicial district in which the joint city museum is located, who
shall arbitrate and decide the matter. [1953 c.481 §22; 1973 c.757 §8; 1983
c.260 §12]
LOANS TO
MUSEUMS
     358.415
Definitions for ORS 358.420 to 358.440. For the purposes of ORS 358.420 to 358.440:
     (1) “Loan,” “loaned” and “on loan” include
all deposits of property with a museum that are not accompanied by a transfer
of title to the property.
     (2) “Museum” means an institution located
in
     (a) Is primarily educational, scientific
or aesthetic in purpose;
     (b) Owns, borrows or cares for, and
studies, archives or exhibits property; and
     (c) Is operated by a nonprofit corporation
or public agency.
     (3) “Property” includes all tangible
objects, animate and inanimate, under a museumÂ’s care that have intrinsic value
to science, history, art or culture, except that it does not include botanical or
zoological specimens loaned to a museum for scientific research purposes. [1985
c.580 §1; 2005 c.22 §256]
     358.420
Status of property loaned to a museum; statute of limitations on recovery. (1) No action shall be brought against a
museum to recover property on loan to the museum when more than 25 years have
passed from the date of the last written contact between the lender and the
museum.
     (2) Property on loan to a museum shall be
deemed to have been donated to the museum if no action is filed to recover the
property within seven years after the museum gave notice of termination of the
loan as provided in ORS 358.425 and 358.430.
     (3) Property on loan to a museum shall not
escheat to the state under ORS 112.055, but shall pass to the museum if no
person takes under ORS 112.025 to 112.045. [1985 c.580 §2]
     358.425
Notice of termination of loan; content. (1) A museum may give notice of termination of a loan of property at
any time if the property was loaned to the museum for an indefinite term. If
the property was loaned to the museum for a specified term, the museum may give
notice of termination of the loan at any time after the expiration of the
specified term.
     (2) Notices given under this section shall
contain:
     (a) The name and address, if known, of the
lender;
     (b) The date of the loan;
     (c) The name, address and telephone number
of the appropriate office or official to be contacted at the museum for
information regarding the loan; and
     (d) Any other information deemed necessary
by the museum. [1985 c.580 §3]
     358.430
Procedure for giving notice; responsibility of owner. (1) To give notice of termination of a loan,
the museum shall mail a notice to the lender at the most recent address of the
lender as shown on the museumÂ’s records pertaining to the property on loan. If
the museum has no address in its records, or the museum does not receive
written proof of receipt of the mailed notice within 30 days of the date the
notice was mailed, the museum shall publish notice at least once a week for
three consecutive weeks in a newspaper of general circulation in both the
county in which the museum is located and the county of the lenderÂ’s address,
if any.
     (2) For the purposes of this section, if
the loan of property was made to a branch of a museum, the museum is located in
the county where the branch is located. Otherwise, the museum is located in the
county in which it has its principal place of business.
     (3) It is the responsibility of the owner
of property on loan to a museum to notify the museum promptly in writing of any
change of address or change in ownership of the property. [1985 c.580 §4]
     358.435
Status of title to acquired property. One who purchases property from a museum acquires good title to the
property if the museum represents that it has acquired title to the property
pursuant to ORS 358.420. [1985 c.580 §5]
     358.440
Notice to lenders. When a
museum accepts a loan of property, the museum shall inform the lender in
writing of the provisions of ORS 358.420 to 358.440. [1985 c.580 §6]
HISTORIC
PROPERTY
(Task Force
on Historic Property)
     Note: Sections 5 and 6, chapter 718, Oregon Laws
2007, provide:
     Sec.
5. (1) There is created the
Task Force on Historic Property, consisting of 12 members appointed as follows:
     (a) The President of the Senate shall
appoint one member from among members of the Senate.
     (b) The Speaker of the House of
Representatives shall appoint one member from among members of the House of
Representatives.
     (c) The Governor shall appoint one
representative of each of the following:
     (A) The National Trust for Historic
Preservation;
     (B) The State Historic Preservation
Officer;
     (C) The
     (D) The
     (E) The development community within an
urban population;
     (F) The development community within a
rural population;
     (G) The
     (H) The Department of Revenue;
     (I) The League of Oregon Cities; and
     (J) Homeowners who participate in the
special assessment for historic properties program under ORS 358.480 to
358.545.
     (2) The task force shall conduct a
comprehensive review of the special assessment for historic properties program
under ORS 358.480 to 358.545. The purpose of the review is to determine whether
the program should be extended beyond July 1, 2010. The task force shall assess
the merits and shortcomings of the program and make recommendations for
improving or eliminating the program. The task force shall study:
     (a) The effectiveness of the program in
stimulating historic preservation activities and reinvestment in historic
buildings and districts;
     (b) The application fee structure of the
program;
     (c) The program’s administrative costs for
the State Historic Preservation Officer and costs for the participants in the
program;
     (d) The accountability of program
participants for projects that meet program goals and for completion of work
plan tasks;
     (e) The administrative rules implementing
the program;
     (f) The role of local governments in the
program and the fiscal impact of the program on local governments;
     (g) The economic impact of the program on
local communities that rehabilitate and preserve their historic built
environments;
     (h) The role of the program in relation to
other historic preservation incentive programs, including the Historic
Preservation Revolving Loan Fund program, grant programs and the rehabilitation
tax credit program;
     (i) The complexities of including multiple
owners of residential condominium projects within historic buildings in the
special assessment for historic properties program;
     (j) The negative impact on program
participants when the term of the special assessment expires and property taxes
have increased beyond the capped three percent per year increase allowed if the
property had not been in the program; and
     (k) Any other issue concerning the program
that the task force determines is necessary or desirable to assist the task
force in making the assessment or recommendations required under this
subsection.
     (3) A majority of the members of the task
force constitutes a quorum for the transaction of business.
     (4) Official action by the task force
requires the approval of a majority of the members of the task force.
     (5) The task force shall elect one of its
members to serve as chairperson.
     (6) If there is a vacancy for any cause,
the appointing authority shall make an appointment to become immediately
effective.
     (7) The task force shall meet at times and
places specified by the call of the chairperson or of a majority of the members
of the task force.
     (8) The task force may adopt rules
necessary for the operation of the task force.
     (9) Prior to October 1, 2008, the task
force shall submit a report to the Governor and the interim legislative
committees on revenue. The report may include program recommendations and a
request for legislation.
     (10) The State Parks and Recreation
Department shall provide staff support to the task force.
     (11) Members of the task force who are not
members of the Legislative Assembly are not entitled to compensation, but may
be reimbursed for actual and necessary travel and other expenses incurred by
them in the performance of their official duties in the manner and amounts
provided for in ORS 292.495. Claims for expenses shall be paid out of funds appropriated
to the department for that purpose.
     (12) All agencies of state government, as
defined in ORS 174.111, and local government, as defined in ORS 174.116, are
directed to assist the task force in the performance of its duties and, to the
extent permitted by laws relating to confidentiality, to furnish such
information and advice as the members of the task force consider necessary to
perform their duties. [2007 c.718 §5]
     Sec.
6. Section 5 of this 2007
Act is repealed on the date of the adjournment of the next regular biennial
legislative session. [2007 c.718 §6]
(Policy and
Definitions)
     358.475
Policy. The Legislative
Assembly hereby declares that it is in the best interest of the state to
maintain, preserve and rehabilitate properties of
     358.480
Definitions for ORS 358.480 to 358.545. As used in ORS 358.480 to 358.545, unless the context requires
otherwise:
     (1) “Governing body” means the city or
county legislative body having jurisdiction over the property for which a
limited assessment may be applied for under ORS 358.480 to 358.545.
     (2) “Historic property” means real
property that:
     (a) Is currently listed in the National
Register of Historic Places established and maintained under the National
Historic Preservation Act of 1966 (P.L. 89-665) or, if the National Register of
Historic Places ceases accepting nominations, that is approved for listing on
an Oregon register of historic places;
     (b) Is open to the public for sight-seeing
at least one day in each calendar year in accordance with rules adopted by the
State Historic Preservation Officer; and
     (c) Meets the minimum standards of
maintenance established by rule of the State Historic Preservation Officer.
     (3) “Maintenance” means action taken to
mitigate wear and deterioration of a historic property without altering the
historic character of the property, including action taken to protect and
repair the condition of the property with the least possible impact on the
historic character of the property.
     (4) “Owner” includes a purchaser under a
recorded instrument of sale.
     (5) “Preservation”:
     (a) Means the act or process of applying
measures necessary to sustain the existing form, integrity and materials of a
historic property, including but not limited to the ongoing maintenance and
repair of historic materials.
     (b) Does not include the extensive
replacement of historic materials or new construction.
     (6) “Rehabilitation” means the process of
repairing or altering a historic property in order to return the property to a
state of utility in which an efficient contemporary use is possible, while
preserving those portions and features of the property that are significant to
the historic, architectural and cultural values of the property. [1975 c.514 §2;
1983 c.720 §1; 2001 c.540 §2]
     358.482
Additional definitions applicable to property first classified and assessed as
historic on or after July 1, 1996. (1) As used in ORS 358.480 to 358.545:
     (a) “Americans with Disabilities Act”
means the Americans with Disabilities Act of 1990 (P.L. 101-336), as amended.
     (b) “Commercial property” means real
property used in a trade or business or held for the production of income,
including multifamily residential rental property.
     (c) “Preservation plan” means a written
preservation, maintenance and rehabilitation proposal submitted by the owner
with the application for classification and special assessment as historic
property that has been approved by the State Historic Preservation Officer, or
as amended and reapproved by the State Historic Preservation Officer, and that
is in compliance with standards and guidelines for rehabilitation and rules
adopted by the State Historic Preservation Officer.
     (d) “Renovation plan” means a written
proposal submitted by an owner of commercial property in connection with a
reapplication for special assessment pursuant to ORS 358.540 (3) that is in
compliance with rules adopted by the State Historic Preservation Officer for
the submission and content of renovation plans.
     (e) “Review committee” means the Historic
Assessment Review Committee established under ORS 358.511.
     (f) “Seismic improvement” means
construction or other measures that improve the seismic performance or
structural stability of property, or that reduce the potential for heavy
structural damage to property in the event of an earthquake.
     (g) “Standards and guidelines for
rehabilitation” means the standards and guidelines, based on those developed by
the United States Secretary of the Interior, adopted by the State Historic
Preservation Officer to determine sufficiency of preservation plans,
maintenance, alteration and construction for a specific property.
     (2) Except as otherwise specifically
provided, the definitions contained in this section apply to property first
classified and assessed as historic property on or after July 1, 1996. [1995
c.693 §2; 2001 c.540 §3]
     358.485 [1975 c.514 §3; 1983 c.720 §3; 1989 c.904 §54;
1995 c.693 §15; repealed by 2001 c.540 §25]
(Application)
     358.487
Application for classification and assessment as historic property; term of
assessment; exclusion from participation; fee. (1)(a) An owner of historic property
desiring classification and special assessment under ORS 358.480 to 358.545 for
the property may make application for the classification and special assessment
to the State Historic Preservation Officer on forms approved by the State
Historic Preservation Officer. The forms shall include or be accompanied by the
written consent of the owner to the viewing of the property by the State
Historic Preservation Officer. Any application made under this subsection shall
include a preservation plan and be sent by the State Historic Preservation
Officer to the appropriate county assessor, local landmark commission and
governing body. An application must be made during the calendar year preceding
the first property tax year for which classification and special assessment as
historic property is desired.
     (b) Classification and special assessment
pursuant to an application made under this subsection shall be granted only for
15 consecutive property tax years, commencing in the tax year beginning on the
July 1 following the calendar year in which the application was made.
     (2)(a) An owner may make preliminary
application for classification of property as historic upon approval by the
State Advisory Committee on Historic Preservation of the nomination of the
property for listing on the National Register of Historic Places or, if the
National Register of Historic Places ceases accepting nominations, the
nomination of the property for listing on an Oregon register of historic
places.
     (b) The preliminary application shall be
considered an application made or received for purposes of subsection (1) of
this section if, by September 15 of the year for which classification and special
assessment are first sought, the property is:
     (A) Listed in the National Register of
Historic Places; or
     (B) If the National Register of Historic
Places ceases accepting nominations, approved for listing on an
     (c) If the requirements of paragraph (b)
of this subsection are not satisfied, the preliminary application may not be
considered an application made for purposes of subsection (1) of this section
until the calendar year in which, as of September 15, the property is listed as
described in paragraph (b) of this subsection.
     (3) Immediately upon receipt of a copy of
the application under subsection (1) of this section, the county assessor shall
review the application for accuracy and completeness of description and other
matters within the expertise of the county assessor and shall make
recommendations regarding the classification to the State Historic Preservation
Officer.
     (4)(a) Immediately upon receipt of a copy
of the application under subsection (1) of this section, the governing body
shall review the application for matters relating to public benefit and shall
make recommendations regarding the classification to the State Historic
Preservation Officer.
     (b) A governing body may exclude certain
districts or properties from participation in the special assessment program
under criteria established by the governing body. In adopting criteria, the
governing body shall consider whether a district is in economic distress and
the value of the property in the district.
     (5) By making application for
classification and assessment under this section, the owner consents that the
State Historic Preservation Officer has access to the property for inspection
at reasonable times to ensure that the terms of the national register or other
federal or state laws or requirements are being met.
     (6) The application for classification and
assessment under ORS 358.480 to 358.545 may not be processed unless accompanied
by a nonrefundable fee of one-third of one percent of the real market value of
the property, as of the assessment date, for the year in which application is
made. The fee shall be deposited in the State Parks and Recreation Department
Fund for use by the State Parks and Recreation Director or for transfer to the
Oregon Property Management Account established under ORS 358.680 to 358.690,
upon the advice of the State Advisory Committee on Historic Preservation. [1995
c.693 §3; 1997 c.541 §427; 2001 c.540 §4; 2005 c.22 §257; 2007 c.718 §1]
     Note: Section 4 (2), chapter 718, Oregon Laws
2007, provides: Sec. 4. (2) Nothing
in the amendments to ORS 358.487, 358.540 and 358.541 by sections 1 to 3 of
this 2007 Act affects the status of property that is classified as historic
property on the effective date of this 2007 Act [September 27, 2007]. Such
property may continue to receive special assessment under ORS 358.480 to
358.545 until the completion of the 15-year term that is in effect on the
effective date of this 2007 Act. [2007 c.718 §4(2)]
     358.490
Review and approval of application by State Historic Preservation Officer;
withdrawal. (1) After an
application is filed under ORS 358.487, the State Historic Preservation Officer
shall review the application and may view the premises. After determining that
the application is complete, the State Historic Preservation Officer shall
approve, approve with conditions or deny the application. The State Historic
Preservation Officer may not disapprove the application solely because of the
potential loss of revenue that may result from granting the application.
     (2) During the review process of each
application, the State Historic Preservation Officer shall consider the county
assessorÂ’s and governing bodyÂ’s recommendations submitted under ORS 358.487 (3)
and (4).
     (3) The State Historic Preservation
Officer may approve the application with respect to only part of the property
that is the subject of the application. However, if any part of the application
is denied, the applicant may withdraw the application.
     (4) A preservation plan that has been
approved by the State Historic Preservation Officer may be amended from time to
time, either at the request of the owner or at the request of the State
Historic Preservation Officer. The amendments may be approved, approved in part
or disapproved by the State Historic Preservation Officer. To the extent the
amendments are approved, amendments shall become part of the preservation plan
that must be carried out in order that the property not be disqualified as
historic property. [1975 c.514 §4; 1983 c.720 §4; 1995 c.5 §7; 1995 c.693 §4;
2001 c.540 §5]
     358.495
Notice of approval or disapproval; effect of approval; request for hearing;
committee determination of final order. (1) Immediately following approval or disapproval of an application
under ORS 358.490, the State Historic Preservation Officer shall notify the
county assessor, the governing body and the applicant which shall in no event
be later than September 15 of the tax year for which classification and special
assessment are first desired. In no event later than September 15 of the year
for which classification and special assessment are desired, the State Historic
Preservation Officer shall cause a copy of the preservation plan approved under
ORS 358.490 to be delivered or mailed to the county assessor and the governing
body. An application not denied on or before September 15 shall be deemed
approved, and the property that is the subject of the application shall be
considered to be historic property that qualifies under ORS 358.480 to 358.545.
     (2) If the State Historic Preservation
Officer determines that the historic property qualifies under ORS 358.480 to
358.545, the State Historic Preservation Officer shall certify that fact in
writing and shall file a copy of the certificate with the county assessor and
the governing body. The certificate shall state the facts upon which the
approval was based and list any condition on which approval is based. The
county assessor, as to any historic property, shall assess on the basis
provided in ORS 358.505, and each year the historic property is classified and
so assessed shall also enter on the assessment and tax roll that the property
is being specially assessed as historic property and is subject to potential
additional taxes as provided in ORS 358.525 by adding the notation “historic
property (potential additional tax).”
     (3) If the State Historic Preservation
Officer determines that the property does not qualify for classification and
assessment under ORS 358.480 to 358.545, the State Historic Preservation
Officer shall give written notice of the denial to the applicant. The notice
shall state the reasons for the denial.
     (4)(a) Any owner, governing body or county
assessor affected by a determination of the State Historic Preservation Officer
made under ORS 358.480 to 358.545 may request a contested case hearing
according to the provisions of ORS chapter 183.
     (b) After a contested case hearing has
been held, the administrative law judge shall present the proposed order to the
Historic Assessment Review Committee. The review committee shall determine the
final order in the case. [1975 c.514 §5; 1983 c.720 §5; 1995 c.5 §8; 1995 c.693
§5; 1997 c.541 §428; 2001 c.540 §6; 2003 c.75 §87]
     358.499
Limitations on classification and assessment as historic property. (1) Property first classified and specially
assessed as historic property for a tax year beginning on or before July 1,
1994, shall continue to be so classified, specially assessed and removed from
special assessment as provided under ORS 358.480 to 358.545 as those sections
were in existence and in effect on December 31, 1992.
     (2) Property may be classified and
specially assessed under ORS 358.480 to 358.545 pursuant to application filed
under ORS 358.487 on or after September 9, 1995, and first applicable for the
tax year 1996-1997 or any tax year thereafter.
     (3) Property may not be classified and
specially assessed pursuant to application filed under ORS 358.487 if the
application is filed on or after July 1, 2010. [1995 c.693 §19; 2001 c.540 §7]
     Note: 358.499 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 358 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     358.502 [1957 c.196 §1; repealed by 1957 c.196 §10]
     358.504 [1957 c.196 §3; repealed by 1957 c.196 §10]
(Valuation)
     358.505
Determination of specially assessed value, maximum assessed value and assessed
value of historic property; appeals; rules. (1)(a) The county assessor shall, for the 15 consecutive tax years
elected under ORS 358.480 to 358.545, list on the assessment and tax roll a
specially assessed value for property classified as historic property that
equals the assessed value of the property at the time application for
classification was made.
     (b) Notwithstanding paragraph (a) of this
subsection, if the property that is the subject of the application was exempt
or specially assessed at the time the application for classification was made,
the county assessor shall, for the 15 consecutive tax years elected under ORS
358.480 to 358.545, list on the assessment and tax roll a specially assessed
value for the property that equals the product of the real market value of the
property for the tax year in which the application was made multiplied by the
ratio of the average maximum assessed value over the average real market value
for that tax year of property in the same area and property class.
     (c) If a reapplication for classification
and special assessment filed pursuant to ORS 358.540 (3) is approved under ORS
358.490, the county assessor shall, for 15 consecutive tax years after the date
of the filing of the reapplication, list on the assessment and tax roll a
specially assessed value for the property that was the subject of the
reapplication that equals the product of the real market value of the property
for the assessment year in which the reapplication is made multiplied by the
ratio of the average maximum assessed value over the average real market value
for the assessment year of property in the same area and property class.
     (2)(a) For the first tax year of a 15-year
period of historic property special assessment, notwithstanding ORS 308.149
(2), the maximum assessed value of property subject to historic property special
assessment shall equal the specially assessed value of the property under
subsection (1) of this section multiplied by the ratio, not greater than 1.00,
of the maximum assessed value the property would have had if the property were
not specially assessed over the real market value of the property.
     (b) For each tax year after the first tax
year in which the property is subject to special assessment as historic
property and before the conclusion of the 15-year period of historic property
special assessment, the propertyÂ’s maximum assessed value subject to special
assessment shall equal 103 percent of the propertyÂ’s assessed value from the
prior year or 100 percent of the propertyÂ’s maximum assessed value subject to
special assessment from the prior year, whichever is greater.
     (3) The assessed value of property that is
classified as historic property for the tax year shall equal the lesser of:
     (a) The property’s specially assessed
value as determined under subsection (1) of this section; or
     (b) The property’s maximum assessed value
as determined under subsection (2) of this section.
     (4) Except as provided under ORS 358.487
(2), the entitlement of property to the special assessment provisions of this
section shall be determined as of July 1. If the property becomes disqualified
on or after July 1, its assessment for that year shall continue as provided in
this section.
     (5) Assessed value, as defined and
determined under ORS 308.146, shall be determined for property classified as
historic property by the county assessor each year. The assessed value so
determined for any year shall be subject to appeal to the county board of
property tax appeals within the time and in the manner provided in ORS chapter
309 and shall be subject to appeal thereafter to the Oregon Tax Court and to
the Oregon Supreme Court within the time and in the manner provided for appeals
of value determination for purposes of ad valorem property taxation.
     (6) The Department of Revenue, in
consultation with the State Historic Preservation Officer, shall adopt rules
within its area of expertise that are necessary to the implementation of ORS
358.480 to 358.545. [1975 c.514 §6; 1981 c.804 §97; 1983 c.720 §6; 1985 c.565 §63;
1991 c.459 §325; 1995 c.5 §9; 1995 c.650 §80; 1995 c.693 §6; 1997 c.541 §§429,430;
2001 c.540 §8]
     358.506 [1957 c.196 §4; repealed by 1957 c.196 §10]
     358.507 [1997 c.541 §433; repealed by 2001 c.540 §26]
     358.508 [1957 c.196 §5; repealed by 1957 c.196 §10]
(Review)
     358.509
Review of continued qualification of property by State Historic Preservation
Officer. If the county
assessor, local landmark commission or governing body has reason to believe
that property classified as historic property is not being maintained,
rehabilitated or preserved as required under the preservation plan approved for
the property, as amended, or as required under rules established by the State
Historic Preservation Officer, or otherwise no longer qualifies for
classification and special assessment as historic property, the county assessor,
local landmark commission or governing body shall request the State Historic
Preservation Officer to determine if the property continues to qualify. The
request shall be in writing and state the reasons why the continuing
qualification is questioned. Upon receipt of the request, the State Historic
Preservation Officer may initiate a continuing qualification review. If a
review is initiated, the State Historic Preservation Officer or designee of the
officer shall inspect the property and may take whatever steps are necessary to
determine if the property continues to qualify for special assessment including
a request for a report under ORS 358.535. The State Historic Preservation
Officer shall notify the county assessor of the determination made pursuant to the
request within 60 days after the request is received. A determination by the
State Historic Preservation Officer that the property no longer qualifies shall
constitute a discovery described in ORS 358.515 (1)(c). [1979 c.346 §4; 1983
c.720 §7; 1995 c.5 §10; 1995 c.693 §7; 2001 c.540 §9]
     358.510 [Repealed by 1957 c.196 §2]
     358.511
Historic Assessment Review Committee. (1) There is established an Historic Assessment Review Committee
consisting of three members appointed by the Governor.
     (2) The term of office of each member is
four years, but a member serves at the pleasure of the Governor. A member is
eligible for reappointment. A member whose term has expired shall continue to
serve until a successor has been appointed.
     (3) Appointments to the review committee
shall be based on representation of interests of the county assessors, historic
preservation interests and local government.
     (4) A majority of the members of the
review committee constitutes a quorum for the transaction of business. [1995
c.693 §16; 2001 c.540 §10]
     Note: 358.511 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 358 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     358.512 [1957 c.196 §6; repealed by 1957 c.196 §10]
     358.514 [1957 c.196 §7; repealed by 1957 c.196 §10]
(Disqualification)
     358.515
Loss of special assessment; effect of sale or transfer; notice to assessor when
property ceases to qualify.
(1) When property has once been classified and assessed as historic property
pursuant to application filed under ORS 358.480 to 358.545, it shall remain so
classified and be granted the special assessment provided by ORS 358.505 until
the property becomes disqualified for such classification and assessment by:
     (a) Written notice by the taxpayer to the
assessor to remove the special assessment.
     (b)
     (c) Removal of the special assessment by
the assessor upon discovery that the property no longer qualifies as historic
property because it is not in compliance with the preservation plan applicable
to the property or for other reason.
     (d) In the case of residential property,
any other sale or transfer of the property.
     (2)(a) Notwithstanding subsection (1)(d)
of this section, the sale or transfer to a new owner or transfer by reason of
death of a former owner to a new owner does not operate to disqualify the
property from the special assessment provided by ORS 358.505 so long as the
property continues to qualify as historic property and the new owner expressly
assents to the preservation plan in effect for the property and continues to
implement the preservation plan.
     (b) The new owner shall notify the State
Historic Preservation Officer of the sale or transfer of ownership within 60
days after the date that the documents described in ORS 93.040 are recorded.
     (3) When, for any reason, the property or
any portion thereof ceases to qualify as historic property, the owner at the
time of change shall notify the assessor and the State Historic Preservation
Officer of the change prior to the next January 1 assessment date. [1975 c.514 §7;
1979 c.346 §1; 1983 c.720 §8; 1991 c.459 §326; 1995 c.5 §11; 1995 c.693 §8;
1997 c.541 §434; 2001 c.540 §11; 2005 c.549 §3]
     358.516 [1957 c.196 §10; repealed by 1957 c.196 §10]
     358.520 [Renumbered 390.220]
     358.525
Imposition of additional taxes when property disqualified; exception. (1) Except as provided in subsection (4) of
this section, whenever property that has received special assessment as
historic property under ORS 358.480 to 358.545 thereafter becomes disqualified
for such assessment as provided in ORS 358.515, there shall be added to the tax
extended against the property on the next general property tax roll, to be
collected and distributed in the same manner as the remainder of real property
tax, additional taxes equal to the difference between the taxes assessed
against the property and the taxes that would otherwise have been assessed
against the property for each of the last 15 years (or such lesser number of
years, corresponding to the years of assessment as historic property applicable
to the property) as of January 1 of the assessment year for which the property
was disqualified for special assessment plus an amount equal to the sum of the
interest on each yearÂ’s additional taxes computed under ORS 311.505 from
November 15 of the tax year for which back taxes are being added to July 1 of
the tax year of disqualification.
     (2) Whenever property that has received
special assessment as historic property under ORS 358.505 becomes disqualified
for such assessment and either notice required by ORS 358.515 (3) is not given,
the assessor shall determine the date that the notice should have been given,
shall notify the owner thereof and, notwithstanding ORS 311.235, there shall be
added to the tax extended against the property on the next general property tax
roll, to be collected and distributed in the same manner as the remainder of
the real property tax, in full payment of all taxes and penalties accruing from
the disqualification, the sum of the following:
     (a) Additional taxes equal to the
difference between the total amount of taxes that would have been due on the
property for each year, not to exceed the last 15 years, in which special
assessment under ORS 358.505 was in effect for the property (even though
erroneously) and the taxes that would have been due had special assessment not
been in effect plus an amount equal to the sum of the interest on each yearÂ’s
additional taxes computed under ORS 311.505 from November 15 of the tax year
for which additional taxes are being added to July 1 of the tax year of
disqualification, plus
     (b) An additional penalty of 15 percent of
the amount in paragraph (a) of this subsection.
     (3) Prior to adding to the tax extended
against the property on the next general property tax roll of any additional
taxes or penalty imposed by subsection (1) or (2) of this section, in the case of
disqualification pursuant to ORS 358.515 (1)(c), the assessor shall notify the
owner of the property by mail, return receipt requested, of the
disqualification.
     (4) Additional tax or penalty may not be
imposed under subsection (1) or (2) of this section upon the sale or transfer
to an ownership making it exempt from property taxation. Additional tax or
penalty may not be imposed under subsection (1) or (2) of this section if the
historic property is destroyed by fire or act of God.
     (5) The amount determined to be due under
subsection (1) or (2) of this section may be paid to the tax collector prior to
the completion of the next general property tax roll, pursuant to ORS 311.370.
     (6) Additional taxes collected under this
section shall be deemed to have been imposed in the year to which the
additional taxes relate. [1975 c.514 §8; 1979 c.350 §18; 1983 c.720 §9; 1991
c.459 §327; 1995 c.5 §12; 1995 c.693 §9; 1997 c.541 §435; 2001 c.540 §12]
     358.526
Interest not imposed following disqualification under certain circumstances;
requirements. (1)
Notwithstanding ORS 358.525, whenever property that has received special
assessment as historic property under ORS 358.480 to 358.545 thereafter becomes
disqualified for historic property assessment as the result of a written notice
given by the taxpayer pursuant to ORS 358.515 (1)(a), additional taxes shall be
added to the tax extended against the property as prescribed in ORS 358.525
(1), but interest may not be added to the additional taxes if within two years
following the date of disqualification:
     (a) The property has been classified for
special assessment as historic property under ORS 358.480 to 358.545; and
     (b) The property owner has spent an amount
implementing an approved preservation plan for the property that equals or
exceeds five times the amount of interest that would otherwise be payable under
ORS 358.525 (1).
     (2) If the property owner files a written
request with the county assessor, for the period of time from the
disqualification of the property until the earlier of the time the assessor
determines that the requirements of subsection (1) of this section have been
met or two years following the date of disqualification, interest that would
otherwise be added to the additional taxes due under ORS 358.525 may not be
extended against the property but shall remain a potential liability on the
assessment and tax roll. If the assessor determines that the requirements of
subsection (1) of this section are met, the interest shall be canceled. If the
assessor determines that the requirements of subsection (1) of this section
have not been met, the interest shall be added to the tax extended against the
property as prescribed in ORS 358.525 (1). [2001 c.540 §12b]
(Change of
Classification)
     358.528
Application to change classification as historic property; withdrawal
permitted. When any property
has been classified and assessed as historic property under ORS 358.480 to
358.545 and the owner or other qualified person applies for a change in the
classification under another special assessment program, the applicant shall
have 30 days thereafter within which to withdraw the application, by giving
written notice to the public official or agency to whom the applicant applied
for the change in classification. If no notice of withdrawal is given by the
applicant, the application shall be acted upon and the change in classification
made, as otherwise provided by law. [1999 c.314 §48; 2001 c.540 §13]
     358.530 [Repealed by 1959 c.242 §1]
(OwnersÂ’
Reports)
     358.535
Reports from owners; effect of failure to comply. The State Historic Preservation Officer
shall at all times be authorized to demand and receive reports from owners of
property classified as historic property under ORS 358.480 to 358.545 as to the
continued qualification of the property for historic property classification.
The content of reports and times for reporting shall be determined by the State
Historic Preservation Officer. If the owner fails, after 30 daysÂ’ written
notice by mail, return receipt requested, to comply with such demand, the State
Historic Preservation Officer shall immediately notify the assessor and the
assessor shall withdraw the property from classification and apply the
penalties provided by ORS 358.525. [1975 c.514 §9; 1995 c.5 §13; 1995 c.693 §10;
2001 c.540 §14]
(Renewal)
     358.540
Limitation on renewal of historic property assessment; exception; rules. (1) Property classified as historic property
under ORS 358.480 to 358.545 is entitled to any other exemption or special
assessment provided by law.
     (2) Property that has received special
assessment under ORS 358.480 to 358.545 for 15 years, at the completion of the
15-year term, is disqualified from historic property special assessment.
     (3)(a) Notwithstanding subsection (2) of
this section, following completion of the initial 15-year period of historic
property classification and disqualification under subsection (2) of this
section, the owner of property classified as historic property may reapply
under ORS 358.487 for one additional 15-year period of special assessment under
ORS 358.480 to 358.545. Following completion of the second 15-year term of
special assessment, the historic property shall be disqualified from historic
property special assessment and is not again eligible for special assessment
under ORS 358.480 to 358.545.
     (b) For commercial property, a
reapplication filed under this subsection, in addition to containing all of the
information required of an application filed under ORS 358.487, shall be
accompanied by a renovation plan detailing measures to be taken for purposes of
Americans with Disabilities Act compliance, seismic improvement measures or
energy conservation measures, the costs associated with the measures and a
schedule of the dates on which work on the measures will be begun and
completed.
     (c) For commercial property, a
reapplication filed under this subsection that in other respects is in
compliance with the application requirements of ORS 358.487 may be approved
only upon a finding by the State Historic Preservation Officer that the
renovation plan submitted with the reapplication will, if implemented, result
in a significant investment in the historic property that promotes compliance
with Americans with Disabilities Act requirements or that results in seismic
improvements or energy conservation improvements to the property. If approved,
the renovation plan shall be considered an amendment to and part of the
preservation plan filed with the reapplication and in effect for the property.
     (d) For residential or commercial
property, a reapplication filed under this subsection that in other respects is
in compliance with the application requirements of ORS 358.487 may be approved
only if a second term of historic property classification and special
assessment for residential or commercial property is authorized under ORS
358.541.
     (e) The State Historic Preservation
Officer may adopt rules under this subsection, including rules that provide:
     (A) The minimum amount of investment that
must be made in order for the investment to be considered a significant
investment.
     (B) The minimum amount of seismic
improvement to the property that must be contemplated in the renovation plan in
order for the plan to be approved.
     (C) The minimum level of energy
conservation improvements that must be contemplated in the renovation plan in
order for the plan to be approved.
     (D) The maximum amount of time between the
date of filing of the reapplication and the date of completion of the measures
described in the renovation plan in order for the renovation plan to be
approved. [1975 c.514 §10; 1983 c.720 §10; 1995 c.5 §14; 1995 c.693 §11; 2001
c.540 §15; 2005 c.549 §1; 2007 c.718 §2]
     Note: See note under 358.487.
     Note: Section 33, chapter 579, Oregon Laws 1999,
provides:
     Sec.
33. (1) The owner of a
property receiving special assessment under ORS 358.475 to 358.545 (1999
Edition) who purchased the property within the five-year period immediately
prior to the effective date of this 1999 Act [October 23, 1999] may file a
reapplication under ORS 358.540 within one year following the effective date of
this 1999 Act for classification and special assessment of the property as
historic property for an additional 15-year period under ORS 358.540.
     (2) Notwithstanding ORS 358.505 and
358.507 (1999 Edition), following approval of the reapplication by the State
Historic Preservation Officer, the property shall be assessed for the
additional 15-year period of historic property classification at the assessed
value of the property at the time the property was purchased, as determined
under ORS 358.475 to 358.545 (1995 Edition).
     (3) Notwithstanding subsection (2) of this
section, for any tax year within the additional 15-year period, property shall
be assessed at a lesser value than the assessed value determined under
subsection (2) of this section if the lesser value is required pursuant to
section 11, Article XI of the Oregon Constitution. [1999 c.579 §33]
     358.541
City or county authorization for second term historic property. (1) Residential or commercial property may
not qualify for a second term of classification and special assessment as
historic property under this section unless:
     (a) If the property is located within a
city, the governing body of the city has adopted a resolution or ordinance
authorizing a second term of historic property classification and special
assessment for residential or commercial property; or
     (b) If the property is located within
unincorporated territory of a county, the governing body of the county has
adopted a resolution or ordinance authorizing a second term of historic
property classification and special assessment for residential or commercial
property.
     (2) The city or county authorizing a
second term of historic property classification and special assessment for
residential or commercial property shall send a copy of the authorizing
resolution or ordinance to the State Historic Preservation Officer. [2005 c.549
§2; 2007 c.718 §3]
     Note: See note under 358.487.
     Note: 358.541 was enacted into law by the Legislative
Assembly but was not added to or made a part of ORS chapter 358 or any series
therein by legislative action. See Preface to Oregon Revised Statutes for
further explanation.
(New
Construction)
     358.543
Effect of new construction on historic classification; request; effect of State
Historic Preservation Officer approval; rules. (1) Any additions made that are historically
accurate reconstructions of once extant features or necessary for safety or
access for persons with disabilities or required by building code requirements
may be classified as not being “new construction” by the State Historic
Preservation Officer if the State Historic Preservation Officer so determines
after request is made by the owner.
     (2) A request to have an addition
classified as not being “new construction” must be made in writing and must be
accompanied by written documentation that demonstrates that the addition is a
historically accurate reconstruction of once extant features, necessary for
safety or access for persons with disabilities or required by building code
requirements.
     (3) Except as provided in subsection (4)
of this section, if new construction takes place with respect to property
classified as historic property under ORS 358.480 to 358.545, the new
construction may not be considered classified as historic and may not receive
the special valuation accorded historic property under ORS 358.505. The new
construction shall be valued for ad valorem property tax purposes at its real
market value and shall be assessed as provided in ORS 308.146 (1) to (3).
     (4)(a) If new construction takes place on
or after January 1, 2002, with respect to historic property for which a
certificate has been filed under ORS 358.495 (2), the new construction shall be
subject to the maximum assessed value and assessed value of the historic
property under ORS 358.505 if the new construction is approved by the State
Historic Preservation Officer and:
     (A) Is used primarily for residential
purposes; or
     (B) Is used primarily for nonresidential purposes.
New construction that is used primarily for nonresidential purposes shall be
subject to the maximum assessed value and assessed value of the historic
property under ORS 358.505 only to the extent the square footage of the new
construction, when added to the total net rentable area of the existing
historic property, is less than or equal to the total net rentable area of the
property that existed prior to the new construction.
     (b) New construction that is not approved
for historic property assessment under paragraph (a) of this subsection shall
be assessed as provided in ORS 308.146 (1) to (3).
     (c) The State Historic Preservation
Officer may adopt rules establishing procedures for requesting and obtaining
the approval of the State Historic Preservation Officer under this subsection.
     (d) For purposes of this subsection, net
rentable area shall be measured in square feet.
     (5) Any notice required under ORS 358.528
to be sent by a public official or agency with regard to a change in
classification to or from historic property classification shall be given by
the county assessor and to the State Historic Preservation Officer.
     (6) As used in this section, “new
construction” includes, but is not limited to:
     (a) An additional new building, structure
or other improvement outside the building envelope, including but not limited
to a parking area to be or in use for commercial purposes.
     (b) An enlargement of the exterior
perimeters of an existing building, structure or improvement.
     (c) Any story or stories added to an
existing building, structure or improvement. [1983 c.720 §§12,13; 1991 c.459 §329;
1995 c.5 §15; 1995 c.693 §12; 1999 c.314 §87; 2001 c.540 §16; 2007 c.70 §151]
(State
Historic Preservation Officer)
     358.545
Rules of State Historic Preservation Officer. The State Historic Preservation Officer shall adopt rules, pursuant to
ORS chapter 183, with regard to the determination of entitlement of historic
properties to the special assessment accorded by ORS 358.480 to 358.545. The
rules shall:
     (1) Encompass requirements for allowance
and substantiation of public sight-seeing of historic property classified under
ORS 358.480 to 358.545;
     (2) Provide minimum maintenance and
preservation standards for the property;
     (3) Provide standards and guidelines for
rehabilitation based on those adopted by the United States Secretary of the
Interior;
     (4) Delineate any other matters necessary
to carry out the purposes of ORS 358.480 to 358.545; and
     (5) Provide for a review procedure by the
State Historic Preservation Officer for compliance with the preservation plan
in the 5th, 10th and 14th years of special assessment. If the State Historic
Preservation Officer determines that there is lack of compliance with the
preservation plan, the State Historic Preservation Officer shall either notify
the county assessor under ORS 358.509 or request that the preservation plan be
amended as provided under ORS 358.490. If, after a request for amendment is
made, the property remains in noncompliance, the State Historic Preservation
Officer shall notify the county assessor as described, and with the result
described, under ORS 358.509. [1975 c.514 §11; 1995 c.5 §16; 1995 c.693 §13;
2001 c.540 §17]
     358.565
State Historic Preservation Officer. (1) The Governor shall designate a State Historic Preservation Officer
who shall serve at the pleasure of the Governor. In case of vacancy, the
Governor shall designate a successor.
     (2) The State Historic Preservation
Officer shall appoint a staff of persons well qualified in history, architectural
history, architecture, archaeology and education as technical assistants and
analysts.
     (3) In addition to the powers and duties
assigned to the State Historic Preservation Officer under ORS 358.480 to
358.545, the State Historic Preservation Officer shall perform whatever
functions as are authorized by law. [1975 c.514 §12; 1983 c.268 §2; 2001 c.540 §18]
     358.570
     (2) The term of office of each member is
four years, but a member serves at the pleasure of the Governor. Before the
expiration of the term of a member, the Governor shall appoint a successor
whose term begins on July 1 next following. A member is eligible for reappointment.
If there is a vacancy for any cause, the Governor shall make an appointment to
become immediately effective for the unexpired term.
     (3) A member of the commission is entitled
to actual and necessary travel and other expenses as provided in ORS 292.495. [1995
c.428 §1; 1997 c.112 §1]
     Note: 358.570, 358.575, 358.580 and 358.585 to
358.595 were enacted into law by the Legislative Assembly but were not added to
or made a part of ORS chapter 358 or any series therein by legislative action.
See Preface to Oregon Revised Statutes for further explanation.
     358.575
Commission membership. (1)
The voting members of the Oregon Heritage Commission shall be composed of
representatives of heritage interests, including Indian tribes with federal
recognition, that reflect the cultural and geographic diversity of this state
as well as the heritage interests reflected in community institutions,
libraries, museums, architecture, archaeology and historic preservation.
     (2) The ex officio members of the
commission shall be designees of the following:
     (a) The Department of Land Conservation
and Development;
     (b) The Trustees of the State Library;
     (c) The State Board of Higher Education;
     (d) The Economic and Community Development
Department;
     (e) The Department of Education;
     (f) The Executive Director of the
     (g) The State Archivist; and
     (h) The State Historic Preservation
Officer. [1995 c.428 §3; 1997 c.112 §2]
     Note: See note under 358.570.
     358.580
Selection of chairperson; quorum; meetings. (1) The Oregon Heritage Commission shall select one of its members as
chairperson and another as vice chairperson, for such terms and with duties and
powers necessary for the performance of the functions of such offices as the
commission determines.
     (2) A majority of the voting members of
the commission constitutes a quorum for the transaction of business.
     (3) The commission shall meet at least
once every three months at a place, day and hour determined by the commission.
The commission also shall meet at other times and places specified by the call
of the chairperson or of a majority of the voting members of the commission. [1995
c.428 §4]
     Note: See note under 358.570.
     358.583
Purpose and duties of commission relating to museums. (1) As used in this section, “museum” means
a public institution or private nonprofit Oregon corporation primarily devoted
to the acquisition and public exhibition of specimens, artifacts, articles,
documents and other items that relate to history, anthropology, archaeology,
science or art and that have historical significance.
     (2) The purpose of this section is to
direct the Oregon Heritage Commission to assist in projects for the collection
and management of heritage collections and for heritage-related tourism and to
assist in projects related to the heritage aspects of education and
interpretation.
     (3) In addition to the other duties of the
commission, the commission shall:
     (a) Make biennial competitive grants to
museums for projects related to OregonÂ’s heritage, including but not limited to
projects involving the collection and management of heritage collections, the
promotion of heritage-related tourism and the provision of education and other
interpretations related to heritage;
     (b) With the assistance of the Oregon
Historical Society and the Oregon Museums Association, determine the
eligibility of a museum for a competitive grant;
     (c) Advise, upon request, museum governing
bodies, county governing bodies, city governing bodies and interested citizens
of the availability of competitive grants; and
     (d) Request, with the advice of the Oregon
Historical Society and the Oregon Museums Association, rules for the State
Parks and Recreation Commission to adopt under ORS 358.585 for the purpose of
carrying out the grant program. [Formerly 358.730]
     Note: 358.583 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 358 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     358.585
Rules. In accordance with
applicable provisions of ORS chapter 183, the State Parks and Recreation
Commission may adopt rules, as requested by the Oregon Heritage Commission, for
the administration of the laws that the commissions are charged with
administering. [1995 c.428 §5]
     Note: See note under 358.570.
     358.590
Advisory and technical committees; reimbursement of commission member expenses;
solicitation of funds. (1)
To aid and advise the Oregon Heritage Commission in the performance of its
functions, the commission may establish such advisory and technical committees
as it considers necessary. These committees may be continuing or temporary. The
commission shall determine the representation, membership, terms and
organization of the committees and shall appoint their members.
     (2) Members of the committees are not
entitled to compensation, but in the discretion of the commission may be
reimbursed from funds available to the commission for actual and necessary
travel and other expenses incurred by them in the performance of their official
duties, subject to ORS 292.495.
     (3) The commission may raise and expend
funds, including grants from federal, state and private sources. [1995 c.428 §6]
     Note: See note under 358.570.
     358.595
Coordination of heritage activities;
     (1) Prepare and adopt an Oregon Heritage
Plan to address coordination for the identification, curation, restoration and
interpretation of heritage resources.
     (2) Increase efficiency and avoid
duplication among the various interest groups that seek to preserve heritage
resources.
     (3) Coordinate a comprehensive inventory
of state-owned cultural properties and make the inventory available to the
public.
     (4) In conjunction with the Economic and
Community Development Department encourage tourism activities relating to
heritage resources.
     (5) Coordinate statewide anniversary
celebrations.
     (6) Coordinate statewide celebrations of
Asian American Heritage Month. [1995 c.428 §7; 1999 c.690 §3; 2003 c.244 §3;
2005 c.233 §3]
     Note: See note under 358.570.
HISTORIC
PRESERVATION PLAN
     358.605
Legislative findings. (1)
The Legislative Assembly declares that the cultural heritage of Oregon is one
of the stateÂ’s most valuable and important assets; that the public has an
interest in the preservation and management of all antiquities, historic and
prehistoric ruins, sites, structures, objects, districts, buildings and similar
places and things for their scientific and historic information and cultural
and economic value; and that the neglect, desecration and destruction of
cultural sites, structures, places and objects result in an irreplaceable loss
to the public.
     (2) The Legislative Assembly finds that
the preservation and rehabilitation of historic resources are of prime
importance as a prime attraction for all visitors; that they help attract new
industry by being an influence in business relocation decisions; and that
rehabilitation projects are labor intensive, with subsequent benefits of
payroll, energy savings and are important to the revitalization of
deteriorating neighborhoods and downtowns.
     (3) It is, therefore, the purpose of this
state to identify, foster, encourage and develop the preservation, management
and enhancement of structures, sites and objects of cultural significance
within the state in a manner conforming with, but not limited by, the
provisions of the National Historic Preservation Act of 1966 (P.L. 89-665; 16
U.S.C. 470). [1983 c.268 §1]
     358.610 [1953 c.475 §1; renumbered 390.410]
     358.612
Duties of State Historic Preservation Officer. The State Historic Preservation Officer:
     (1) Shall conduct or cause to have
conducted a comprehensive, statewide survey to identify districts, sites,
buildings, structures and objects that are potentially significant in Oregon
history, prehistory, architecture, archaeology and culture;
     (2) Shall prepare and implement a
comprehensive statewide historic preservation plan to assist local governments
in developing their preservation programs and participate in the national
program;
     (3) Shall maintain a statewide inventory
of historic properties;
     (4) Shall create a mechanism for an Oregon
State Register of Historic Properties in which to record significant historic
properties with the State Advisory Committee on Historic Preservation
developing the criteria for such properties;
     (5) Shall nominate properties of
historical, prehistoric architectural, archaeological and cultural significance
to the Oregon State Register of Historic Properties and to the National
Register of Historic Places;
     (6) Shall administer state and federal tax
incentive provisions for the preservation of properties on the state and
national registers;
     (7) Shall provide information on federal
and state tax benefits for preservation projects;
     (8) Shall administer grant programs to
conduct surveys of historic properties and to assist the development of
properties on the state and national registers;
     (9) Shall provide or assist other
appropriate state agencies in providing information and education on the
economic and social benefits of developing historical and cultural resources;
     (10) Shall provide public education and
information to foster the purposes of ORS 358.565 to 358.622;
     (11) Shall provide technical assistance as
funds permit;
     (12) Shall work with local, statewide and
national organizations to develop means of promoting historic preservation,
including legislation, financing, education, easements, conferences and
workshops and audio-visual materials;
     (13) Shall, when a project involves Native
American concerns, work with the Commission on Indian Services, project
administrators and the local Indian tribes or communities to insure that these
concerns are adequately addressed;
     (14) May review and comment on the impact
of publicly funded projects and programs;
     (15) May accept gifts and grants to be
used for purposes consistent with ORS 358.565 to 358.622; and
     (16) Subject to the availability of funds
therefor, serve as staff for the State Advisory Committee on Historic
Preservation. [1983 c.268 §3]
     358.615 [1953 c.475 §2; 1955 c.547 §1; renumbered
390.420]
     358.617
Rules. Pursuant to ORS
chapter 183, the State Historic Preservation Officer shall adopt rules to carry
out the duties and functions of the officer, including rules governing cultural
resource management programs and grants-in-aid program categories. [1983 c.268 §4]
     358.620 [1953 c.475 §4; 1955 c.547 §2; renumbered
390.430]
     358.622
State Advisory Committee on Historic Preservation. (1) There is created a State Advisory
Committee on Historic Preservation consisting of not more than nine members
appointed by the Governor. At least one-half of the members shall be from among
persons recognized as professionals in the areas of history, architectural
history, architecture, archaeology, museum management or cultural or ethnic
minorities. A representative of the Oregon Native American Indian community
shall be appointed.
     (2) The committee:
     (a) Shall review and make recommendations
concerning nominations by the State Historic Preservation Officer of properties
to the state and national registers of historic properties and places;
     (b) Shall advise the State Historic
Preservation Officer on matters of policy, programs and budget; and
     (c) May perform such other duties as may
be requested by the State Historic Preservation Officer.
     (3) The Governor shall select the
chairperson and vice chairperson with such terms and duties as the committee
may prescribe. Five members of the committee constitute a quorum. The committee
shall meet a minimum of three times a year.
     (4) Members of the committee shall not
receive compensation but shall be entitled to actual and necessary travel
expenses subject to ORS 292.495.
     (5) The committee shall develop the criteria
for the creation of an Oregon State Register of Historic Properties, and review
properties for acceptance by the Oregon Property Management Account and may
appoint any other committee or subcommittee necessary to carry out its
functions. [1983 c.268 §5]
     358.625 [1953 c.475 §3; renumbered 390.440]
     358.630 [1953 c.475 §5; renumbered 390.450]
PRESERVATION
OF PROPERTY OF HISTORIC SIGNIFICANCE
     358.635
Definitions for ORS 358.635 to 358.653. As used in ORS 358.635 to 358.653:
     (1) “Historic artifacts” means
three-dimensional objects including furnishings, art objects and items of
personal property which have historic significance. “Historic artifacts” does
not include paper, electronic media or other media that are classified as
public records.
     (2) “State agency” includes all officers,
employees, agencies, boards, committees and commissions of the legislative,
executive, administrative and judicial branches of state government. [1979
c.205 §5; 1991 c.240 §1]
     358.640
State-owned historic artifacts; catalog; recommendations to state agency;
rules. (1) The State Parks
and Recreation Department, in consultation with the Oregon Heritage Commission,
shall identify and catalog state-owned historic artifacts.
     (2) The State Parks and Recreation
Department shall make recommendations to any state agency or political
subdivision that possesses any historic artifact relating to its retention,
preservation, maintenance, use or transfer to the custody of any public or
private agency or person.
     (3) Any state agency shall obtain approval
from the State Parks and Recreation Department prior to transferring, selling,
demolishing, substantially altering or otherwise disposing of any historic
artifact.
     (4) The State Parks and Recreation
Department shall adopt rules pursuant to ORS chapter 183 to implement ORS
358.635 to 358.653. [1979 c.205 §1; 1983 c.295 §2; 1989 c.743 §1; 1991 c.240 §2;
1995 c.428 §20]
     358.645
Review of private property of historic significance. A private owner of any historic artifact
believed to have state or national historic significance that the owner wishes
to give to the state or to a political subdivision may request review of the
significance of the property by the State Parks and Recreation Department. [1979
c.205 §2; 1983 c.295 §3; 1989 c.743 §2; 1991 c.240 §3; 2003 c.18 §1]
     358.647
Transfer of state-owned historic artifact. A person, other than the state or a person who has received written
permission from the state, shall not sell, trade or otherwise transfer any
state-owned historic artifact. [1991 c.240 §7]
     358.650
Acceptance of historic artifact as gift to state; custody; finders fees. (1) Whenever a prospective donor of any
historic artifact identified as historically significant pursuant to ORS
358.645 requires immediate acceptance of the property as a condition of a gift,
the State Parks and Recreation Department may accept the gift on behalf of the
state or political subdivision and may place the gift in the custody of a state
agency or political subdivision under agreement between the department and the
agency or political subdivision.
     (2) The State Parks and Recreation
Department may transfer under agreement between the department and the agency
or political subdivision any gift accepted pursuant to this section to the
custody of an appropriate state agency or political subdivision.
     (3) The State Parks and Recreation
Department may, pursuant to procedures adopted by rule, pay finders fees,
rewards or otherwise expend funds to acquire historic artifacts previously
owned by the state. [1979 c.205 §3; 1983 c.295 §4; 1991 c.240 §4; 1995 c.428 §21;
2003 c.18 §6]
     358.653
Conservation program; leases.
(1) Any state agency or political subdivision responsible for real property of
historic significance in consultation with the State Historic Preservation
Officer shall institute a program to conserve the property and assure that such
property shall not be inadvertently transferred, sold, demolished,
substantially altered or allowed to deteriorate.
     (2) State agencies and political subdivisions
may and are encouraged to lease real property of historic significance to
private businesses and nonprofit organizations for purposes which are
consistent with the nature of the property.
     (3) Where possible, the Oregon Department
of Administrative Services shall acquire or lease buildings of historic
significance for state use.
     (4) As used in this section, “political
subdivision” includes counties, cities, school districts and any other
governmental unit within the state not included in ORS 358.635. [1983 c.295 §§1,5,6;
1989 c.743 §3]
     358.655 [1979 c.205 §4; 1987 c.883 §1; 1989 c.743 §4;
1991 c.240 §5; repealed by 1995 c.428 §8]
     358.660 [1989 c.112 §6; 1995 c.144 §2; repealed by
2003 c.18 §2]
HISTORIC
PRESERVATION REVOLVING LOAN FUND
     358.662
Definitions for ORS 358.662 to 358.678. As used in ORS 358.662 to 358.678:
     (1) “Eligible costs” includes
architectural, engineering, material and planning costs, rehabilitation and
reconstruction costs, and construction expenses necessary to meet building code
requirements.
     (2) “Financial need” means the amount of
moneys that must be obtained from a lender in order for the proposed project to
be completed.
     (3) “Historic property” means real
property that is:
     (a) Listed individually in the National
Register of Historic Places established and maintained under the National
Historic Preservation Act of 1966 (P.L. 89-665);
     (b) A contributing property in a National
Register Historic District; or
     (c) Designated by local ordinance as an
individual historic property or as a contributing property in a historic
district and that the State Historic Preservation Officer finds is eligible for
listing in the National Register of Historic Places.
     (4) “Owner” includes a purchaser under a
recorded instrument of sale.
     (5) “Standards and guidelines for the
rehabilitation of historic property” means the standards and guidelines adopted
by the State Historic Preservation Officer under ORS 358.676 (1). [2001 c.540 §29]
     358.664
Historic Preservation Revolving Loan Fund. (1) There is established in the State Treasury, separate and distinct
from the General Fund, the Historic Preservation Revolving Loan Fund. Moneys in
the Historic Preservation Revolving Loan Fund are continuously appropriated to
the State Historic Preservation Officer for the following purposes:
     (a) To provide loans to owners of historic
property, as described in ORS 358.662 to 358.678.
     (b) For administrative expenses of the
State Historic Preservation Officer in:
     (A) Processing applications for loans made
under ORS 358.662 to 358.678;
     (B) Investigating historic property
rehabilitation projects funded by loans made under ORS 358.662 to 358.678; and
     (C) Collecting loans made under ORS
358.662 to 358.678.
     (2) The Historic Preservation Revolving
Loan Fund shall consist of:
     (a) Moneys appropriated to the fund by the
Legislative Assembly;
     (b) Repayment of moneys loaned from the
fund;
     (c) Moneys transferred to the fund from
the federal government or from private contributions;
     (d) Application fees required under ORS
358.668; and
     (e) Interest and other earnings on moneys
in the fund.
     (3) If the State Historic Preservation
Officer does not make any loan from the Historic Preservation Revolving Loan
Fund for a 24-month period, the balance of the Historic Preservation Revolving
Loan Fund and any repayments of loans from the Historic Preservation Revolving
Loan Fund shall be transferred to the Oregon Property Management Account
established under ORS 358.690 and may be spent for any purpose for which Oregon
Property Management Account moneys may be spent. [2001 c.540 §30]
     358.666
Historic Preservation Revolving Loan Fund Review Committee. (1) There is established the Historic
Preservation Revolving Loan Fund Review Committee, consisting of three members
appointed by the State Historic Preservation Officer and representing each of
the following interests:
     (a) The interests of the Housing and
Community Services Department;
     (b) The interests of the State Historic
Preservation Officer; and
     (c) The interests of banks and other
financial institutions.
     (2) The review committee shall review
applications for loans from the Historic Preservation Revolving Loan Fund, make
recommendations for loan approval or disapproval to the State Historic
Preservation Officer and establish interest rates to be charged for the loans.
     (3) The term of office of each member of
the review committee is four years, but a member serves at the pleasure of the
State Historic Preservation Officer. Before the expiration of the term of a
member, the State Historic Preservation Officer shall appoint a successor whose
term begins on the July 1 next following. A member is eligible for
reappointment. If there is a vacancy for any cause, the State Historic
Preservation Officer shall make an appointment to become immediately effective
for the unexpired term.
     (4) Successor appointments to the review
committee shall be based on representation of interests of the Housing and
Community Services Department, the State Historic Preservation Officer and
banks and other financial institutions.
     (5) A majority of the members of the
review committee constitutes a quorum for the transaction of business.
     (6) A member of the review committee shall
serve without compensation.
     (7) The review committee shall meet at least
once per year. [2001 c.540 §31]
     358.668
Historic preservation loans; application and approval process. (1) Any of the following persons may apply
for a loan from the Historic Preservation Revolving Loan Fund:
     (a) An owner of historic property.
     (b) A city or county having jurisdiction
over the historic property for which the application is being filed.
     (c) A nonprofit corporation organized for
the purpose of owning, managing or rehabilitating historic property.
     (d) A business association organized, in
whole or part, for the purpose of historic preservation.
     (e) A neighborhood organization
representing a neighborhood in which historic property is located.
     (f) An economic development agency of this
state or of a political subdivision of this state.
     (2) A person or other entity described in
subsection (1) of this section that intends to rehabilitate historic property
and that seeks a loan from the Historic Preservation Revolving Loan Fund to pay
for the rehabilitation shall file an application for the loan with the State
Historic Preservation Officer. The application shall be on a form prescribed by
the State Historic Preservation Officer and shall include or be accompanied by:
     (a) The name and address of the loan
applicant and of the property owner;
     (b) The address and historic name, if any,
of the property;
     (c) Evidence that the property is historic
property;
     (d) A description of the proposed
rehabilitation project;
     (e) Architectural plans, specifications
and other materials that facilitate the evaluation of the proposed
rehabilitation project for conformance with standards and guidelines for the
rehabilitation of historic property;
     (f) Color photographs, at least four
inches by six inches in size, that depict that portion of the property that is
the subject of the application, and duplicates in color slide format or digital
or other computer imaging format;
     (g) A statement of financial need to
complete the project;
     (h) An estimate of the eligible costs to
be incurred in completing the rehabilitation project;
     (i) A schedule setting forth when the
rehabilitation project is to be commenced and completed; and
     (j) Any other information that the State
Historic Preservation Officer may require.
     (3) The application shall be accompanied
by a fee established pursuant to ORS 358.676 (2).
     (4) Upon receipt of a complete
application, the State Historic Preservation Officer shall forward the
application to the Historic Preservation Revolving Loan Fund Review Committee.
The review committee shall review the application and make a recommendation to
approve or disapprove the loan being sought. The recommendation of the review
committee shall be based on the extent to which:
     (a) The project meets the standards and
guidelines for the rehabilitation of historic property;
     (b) The proposed rehabilitation project is
feasible;
     (c) The requested loan would constitute no
more than a reasonable risk and for which there would be a reasonable
likelihood of repayment;
     (d) The applicant has a financial need for
the requested loan;
     (e) The applicant’s financial resources
are adequate to ensure success of the project; and
     (f) There are moneys available in the
Historic Preservation Revolving Loan Fund.
     (5) The Historic Preservation Revolving
Loan Fund Review Committee shall make its recommendation to the State Historic
Preservation Officer. The review committee shall include an interest rate for
the loan if the loan is issued. The State Historic Preservation Officer must
consider the review committeeÂ’s recommendation but need not accept the
recommendation of the review committee in accepting or disapproving the
application. The State Historic Preservation Officer shall consider the factors
set forth in subsection (4) of this section in determining whether to approve
or disapprove the loan application. If the State Historic Preservation Officer
decides to approve the loan, the interest rate for the loan shall be that
prescribed by the review committee.
     (6) A loan may not be approved in an
amount that exceeds the lesser of the applicantÂ’s estimate of eligible costs
for the project or the State Historic Preservation OfficerÂ’s determination of
the expected estimated costs to complete the project.
     (7) The State Historic Preservation
Officer may request modifications to the rehabilitation project as a condition
to loan approval or may approve a loan that is less than the amount requested
in the application.
     (8) The decision of the State Historic
Preservation Officer to disapprove a loan application or reduce the amount of
the loan may not be appealed.
     (9) If the State Historic Preservation
Officer approves a loan application, the approval shall be conditioned on the
borrower and the owner of historic property agreeing to the terms of the loan
contract set forth in ORS 358.670.
     (10) The State Historic Preservation
Officer shall notify the applicant of the State Historic Preservation OfficerÂ’s
decision to approve, modify and approve or disapprove a loan application. [2001
c.540 §32]
     358.670
Loan contract terms and requirements. (1) If a loan application is approved by the State Historic
Preservation Officer under ORS 358.668, the borrower (and the owner of historic
property if the owner is a person other than the borrower) must enter into a
written loan contract with the State Historic Preservation Officer. Under the
terms of the loan contract, the borrower (and the owner of historic property if
the owner is a person other than the borrower) must agree to:
     (a) Maintain the historic property as
restored, rehabilitated or repaired for a period of at least 15 years.
     (b) Maintain complete and proper financial
records regarding the historic property and allow the State Historic
Preservation Officer to review those records upon request.
     (c) Complete the proposed rehabilitation
of the historic property within two years after the date of entering into the
loan contract under this section.
     (d) Complete the proposed rehabilitation
in conformance with the standards and guidelines for the rehabilitation of
historic property.
     (e) Provide a collateral security interest
in the historic property to this state that meets the standards set forth in
rules adopted by the State Historic Preservation Officer for securing loans
from the Historic Preservation Revolving Loan Fund.
     (f) Use the loan proceeds only to fund
eligible costs of the rehabilitation.
     (2) The loan contract must state the
duration of the loan, which may not exceed five years. The loan contract must
state the interest payable on the unpaid balance of the loan, which shall be
the interest rate set forth in the loan recommendation of the Historic
Preservation Revolving Loan Fund Review Committee but may not exceed five
percent per year, compounded daily. The loan contract must provide that the
loan is to be repaid in equal installments made at least annually.
     (3) The loan contract entered into
pursuant to this section must include the following additional provisions:
     (a) A loan repayment schedule;
     (b) The manner of determining when loan
payments are delinquent;
     (c) Extensions of time in making repayment
if the delinquency is caused by emergency, act of God or economic hardship
beyond the control of the borrower and the security for the loan will not be
impaired thereby;
     (d) Rescission of the loan upon default of
the loan, upon failure to complete the proposed rehabilitation in conformance
with the standards and guidelines for the rehabilitation of historic property
or upon failure to maintain the property as historic property; and
     (e) Any other provision the State Historic
Preservation Officer considers necessary to ensure expenditure of the moneys
loaned for eligible costs and to ensure repayment of the borrowed moneys.
     (4) After a loan contract in compliance
with this section is entered into by the borrower and the State Historic Preservation
Officer (and the owner of historic property if the owner is a person other than
the borrower), the State Historic Preservation Officer shall transfer the
borrowed moneys from the Historic Preservation Revolving Loan Fund to the
borrower in accordance with the terms of the loan contract. [2001 c.540 §33]
     358.672
Lien created when historic preservation loan made; procedure; foreclosure. (1) The State Historic Preservation Officer
has a lien upon any historic property that is the subject of a rehabilitation
funded in whole or part from a loan from the Historic Preservation Revolving
Loan Fund for the entire amount of principal and interest on the loan.
     (2) The lien created under this section
shall attach as of the day the loan contract is entered into under ORS 358.670.
     (3) The State Historic Preservation
Officer shall file a written notice of claim of lien not later than 120 days
after the lien attaches with the recording officer of the county in which the
historic property is located.
     (4) The notice of claim of lien required
under subsection (3) of this section must be a statement in writing verified by
the oath of the State Historic Preservation Officer or by the oath of an
authorized agent, and must contain:
     (a) A statement of the amount of principal
and interest of the loan from the Historic Preservation Revolving Loan Fund;
     (b) The name of the owner of the historic
property to be charged with the lien; and
     (c) A description of the property to be
charged with the lien sufficient for identification.
     (5) The recording officer of the county
shall record a notice of claim of lien filed under this section in the county
clerk lien records.
     (6) A lien described in this section shall
be foreclosed in the manner provided in ORS chapter 88.
     (7)(a) If a suit to foreclose a lien
created under this section is not brought within five years from the date the
notice of claim of lien is recorded, the lien shall cease to exist.
     (b) Notwithstanding paragraph (a) of this
subsection, a lien created under this section may be continued in force for a
period longer than described in paragraph (a) of this subsection pursuant to an
agreement to extend the period of time for which repayment of the loan is to
occur, but may not be continued for a period longer than six months following
the period for which the repayment is to occur. [2001 c.540 §34]
     358.674
Types of property for which historic preservation loan may be made. A loan from the Historic Preservation
Revolving Loan Fund may be made for the rehabilitation of a historic property
that is classified and specially assessed as provided in ORS 358.480 to 358.545
or any other historic property. [2001 c.540 §35]
     358.676
Rules; fees. (1) The State
Historic Preservation Officer shall adopt rules establishing standards and
guidelines for the rehabilitation of historic property. The standards and
guidelines shall include, but need not be limited to, guidance on preservation,
maintenance and rehabilitation of historic property, adequacy of rehabilitation
plans and proposals, and eligible alterations of and construction associated
with historic property. To the extent practicable, the standards and guidelines
shall be based on those developed by the United States Secretary of the
Interior to determine sufficiency of rehabilitation plans.
     (2) The State Historic Preservation
Officer may adopt rules:
     (a) Establishing lending guidelines for
loans from the Historic Preservation Revolving Loan Fund.
     (b) Establishing loan application
procedures.
     (c) Establishing loan application and
administrative fees.
     (d) Facilitating administration of the
Historic Preservation Revolving Loan Fund. [2001 c.540 §§31a,36]
     358.678
Annual report. The State
Historic Preservation Officer, in consultation with the Historic Preservation
Revolving Loan Fund Review Committee, shall report annually to the Governor and
to the Legislative Assembly on the financial condition and operation of the
Historic Preservation Revolving Loan Fund. [2001 c.540 §37]
     358.680
Definitions for ORS 358.683 to 358.690. As used in ORS 358.683 to 358.690:
     (1) “Director” means the State Parks and
Recreation Director.
     (2) “Committee” means the State Advisory
Committee on Historic Preservation established in ORS 358.622.
     (3) “Oregon Property Management Program”
means the program established in ORS 358.683.
     (4) “State Historic Preservation Officer”
means the officer designated under ORS 358.565. [1983 c.231 §1; 1989 c.904 §55]
     358.683
     (a) Policies and plans for accepting and
preserving historic sites and property in
     (b) Criteria for selecting sites and
property according to the provisions of ORS 358.680 to 358.690; and
     (c) Any other provision necessary to
administer the program.
     (2) The director and the State Advisory
Committee on Historic Preservation shall coordinate activities concerning
historic properties with the State Historic Preservation Officer.
     (3) In accordance with any applicable
provision of ORS chapter 183, the director may promulgate rules to carry out
the provisions of the Oregon Property Management Program. [1983 c.231 §3; 1989
c.904 §56]
     358.685
Duties of director. In
addition to any other duties or powers provided by law, the State Parks and
Recreation Director may, with the advice of the State Advisory Committee on
Historic Preservation:
     (1) Except as otherwise provided in ORS
358.650 (1), accept, from whatever source, appropriations, gifts or grants of
money or other property for the preservation of significant historic sites and
properties, and use the money or property to preserve significant historic
sites and properties.
     (2) Sell or exchange property owned by the
state and used for state heritage or historic preservation purposes if the
director determines that the sale or exchange would be advantageous to the
state for the preservation of significant historic sites and properties.
     (3) Acquire by purchase, lease, agreement
or gift real property and all appropriate interests therein for significant
sites and properties of recreational value and purpose.
     (4) Acquire by purchase, lease, agreement,
gift or otherwise real property and all interests therein and establish,
operate and maintain thereon significant historic sites and properties.
     (5) Establish and develop significant
historic sites and properties and prescribe rules governing the use of
significant historic sites and properties established and developed under any
other provision of state law.
     (6) By rule prescribe reasonable fees for
recreational uses of real property owned or managed by the administrator,
unless those fees or user charges are otherwise prescribed by law or
administrative rule.
     (7) Enter into contracts with any person
or governmental agency for the development and encouragement of programs and
projects designed to preserve significant historic sites and properties.
     (8) Perform the acts necessary for the
establishment and implementation of programs designed to preserve significant
historic sites and properties with agencies of the federal government.
     (9) Offer and pay rewards for the arrest
and conviction of any person who has violated any of the state heritage or
historic preservation laws. No reward shall exceed $100 for a single arrest and
conviction. [1983 c.231 §4; 1989 c.904 §57]
     358.687
Reports. (1) The State Parks
and Recreation Director shall report biennially to the Governor and to the
Legislative Assembly on activities of the State Advisory Committee on Historic
Preservation during the preceding biennium. The director shall make any
additional reports required by the Governor or the Legislative Assembly.
     (2) Reports required under subsection (1)
of this section shall be in the form and contain the information the director
considers appropriate, and shall contain the information required by the
Governor or the Legislative Assembly. [1983 c.231 §2; 1989 c.904 §58]
     358.690
     (2) The committee shall keep a record of
all moneys deposited in the Oregon Property Management Account. The record
shall indicate by separate cumulative accounts the source from which the moneys
are derived and the individual activity or program against which each
withdrawal is charged.
     (3) Moneys in the Oregon Property
Management Account shall be accounted for separately and shall be stated
separately in the State Parks and Recreation Department biennial budget. [1983
c.231 §5; 1989 c.904 §59]
     358.710 [1965 c.572 §2; 1973 c.757 §9; 1981 c.165 §1;
repealed by 2005 c.139 §3]
     358.720 [1965 c.572 §3; 1981 c.165 §2; 1997 c.155 §1;
repealed by 2005 c.139 §3]
     358.730 [1965 c.572 §4; 1981 c.165 §3; 1983 c.324 §14;
1993 c.736 §51; 1995 c.362 §15; 1997 c.155 §2; 2005 c.139 §1; renumbered
358.583 in 2007]
     358.740 [1965 c.572 §§5,10; 1981 c.165 §4; 1997
c.155 §3; repealed by 2005 c.139 §3]
     358.750 [1965 c.572 §6; 1981 c.165 §5; 1983 c.324 §15;
1993 c.736 §52; 1997 c.155 §4; repealed by 2005 c.139 §3]
     358.760 [1965 c.572 §7; 1981 c.165 §6; 1983 c.324 §16;
1993 c.736 §53; 1997 c.155 §5; repealed by 2005 c.139 §3]
     358.770 [1965 c.572 §9; 1981 c.165 §7; renumbered
358.018 in 2005]
     358.810 [Formerly 357.910; 1979 c.712 §2; repealed
by 1981 c.126 §6]
LOCAL
SYMPHONIES AND BANDS
     358.820
Tax levy for municipal orchestras and band. Any city having a population of 250,000 or more may, when authorized
as provided in ORS 358.840, levy each year a tax of not to exceed
fifteen-hundredths of one mill on each dollar of assessed valuation of property
subject to taxation by the city for the purpose of maintaining and employing
one major symphony orchestra, one band and one junior symphony orchestra. At
the election of the governing body of the city, the levy may be:
     (1) Within the permanent rate limit for
the city, but may not increase that limit; or
     (2) A local option tax described in ORS
280.040 to 280.145. [Formerly 357.920; 2005 c.94 §114]
     358.830 [Formerly 357.930; repealed by 1983 c.350 §230
(358.831 enacted in lieu of 358.830)]
     358.831
Election to levy tax. (1)
This section establishes the procedure for submitting to election a tax levy
for any of the purposes stated in ORS 358.820. The governing body of a city:
     (a) May order the election on its own
resolution; or
     (b) Shall order the election when a
petition is filed as provided in this section.
     (2) A petition filed under this section
shall request submission of the tax levy to the city electors.
     (3) The requirements for preparing,
circulating and filing a petition under this section shall be as provided for
an initiative petition in ORS 250.265 to 250.346, except that notwithstanding
ORS 250.325 a city governing body shall submit the tax levy question to the
electors without first considering its adoption or rejection.
     (4) Notwithstanding subsection (3) of this
section, if ORS 250.255 makes ORS 250.265 to 250.346 inapplicable to a city,
the requirements for preparing, circulating and filing a petition under this
section shall be as provided for an initiative petition under the city charter
or an ordinance adopted under the city charter.
     (5) The notice, time and manner of
election shall be governed by the applicable provisions of ORS chapters 246 to
260.
     (6) An election under this section shall
be held only at the time of a statewide general election. [1983 c.350 §231
(enacted in lieu of 358.830); 1995 c.79 §199; 1999 c.21 §72]
     358.840
Action upon favorable vote.
If a majority of the votes cast on the proposition at the election is in favor
of the proposition, the city is authorized and required to levy a tax within
the amount and for the purpose or purposes authorized. [Formerly 357.950]
     358.850
Annulment of tax. The
proposition of whether or not a tax levied for the purposes of ORS 358.820
shall be annulled may be submitted to the electors of the city in the same
manner as provided for the levy of the tax in ORS 358.831. If a majority of the
votes cast on the proposition is in favor of the proposition, no further levy
for said purposes shall be made. [Formerly 357.960]
     358.880
     (a) Extending and improving public access
to the state-owned natural history collections now stored at the University of
Oregon and any other items or collection of items which shall be acquired;
     (b) Educating the public regarding
     (c) Mounting special exhibitions from time
to time.
     (2) The Oregon State Museum of Natural
History shall be located in the museum complex,
     (3) The museum’s construction and
operation shall be the responsibility of the Lane Cooperative Museum
Commission.
     (4) The state agency responsible for state
participation in the Oregon State Museum of Natural History shall be the
Department of Transportation. [1979 c.852 §1]
     358.885
     (2) The Department of Transportation
shall, in calculating the value of funds or other local efforts to be
appropriated by
     358.900
     (a) Extending and improving public access
to state and privately owned maritime collections of historical, informational
or technical interest and any other maritime items or collection of maritime
items that may be acquired in the future;
     (b) Educating the public regarding
     (c) Mounting special maritime exhibitions
from time to time.
     (2) The Department of Transportation is
responsible for state participation in the
ARCHAEOLOGICAL
OBJECTS AND SITES
     358.905
Definitions for ORS 358.905 to 358.961; interpretation. (1) As used in ORS 192.005, 192.501 to
192.505, 358.905 to 358.961 and 390.235:
     (a) “Archaeological object” means an
object that:
     (A) Is at least 75 years old;
     (B) Is part of the physical record of an
indigenous or other culture found in the state or waters of the state; and
     (C) Is material remains of past human life
or activity that are of archaeological significance including, but not limited
to, monuments, symbols, tools, facilities, technological by-products and
dietary by-products.
     (b) “Site of archaeological significance”
means:
     (A) Any archaeological site on, or
eligible for inclusion on, the National Register of Historic Places as
determined in writing by the State Historic Preservation Officer; or
     (B) Any archaeological site that has been
determined significant in writing by an Indian tribe.
     (c)(A) “Archaeological site” means a
geographic locality in Oregon, including but not limited to submerged and
submersible lands and the bed of the sea within the stateÂ’s jurisdiction, that
contains archaeological objects and the contextual associations of the
archaeological objects with:
     (i) Each other; or
     (ii) Biotic or geological remains or
deposits.
     (B) Examples of archaeological sites
described in subparagraph (A) of this paragraph include but are not limited to
shipwrecks, lithic quarries, house pit villages, camps, burials, lithic
scatters, homesteads and townsites.
     (d) “Indian tribe” has the meaning given
that term in ORS 97.740.
     (e) “Burial” means any natural or prepared
physical location whether originally below, on or above the surface of the
earth, into which, as a part of a death rite or death ceremony of a culture,
human remains were deposited.
     (f) “Funerary objects” means any artifacts
or objects that, as part of a death rite or ceremony of a culture, are
reasonably believed to have been placed with individual human remains either at
the time of death or later.
     (g) “Human remains” means the physical
remains of a human body, including, but not limited to, bones, teeth, hair,
ashes or mummified or otherwise preserved soft tissues of an individual.
     (h) “Object of cultural patrimony”:
     (A) Means an object having ongoing
historical, traditional or cultural importance central to the native Indian
group or culture itself, rather than property owned by an individual native
Indian, and which, therefore, cannot be alienated, appropriated or conveyed by
an individual regardless of whether or not the individual is a member of the
Indian tribe. The object shall have been considered inalienable by the native
Indian group at the time the object was separated from such group.
     (B) Does not mean unassociated arrowheads,
baskets or stone tools or portions of arrowheads, baskets or stone tools.
     (i) “Police officer” has the meaning given
that term in ORS 181.610.
     (j) “Public lands” means any lands owned
by the State of Oregon, a city, county, district or municipal or public
corporation in Oregon.
     (k) “Sacred object” means an archaeological
object or other object that:
     (A) Is demonstrably revered by any ethnic
group, religious group or Indian tribe as holy;
     (B) Is used in connection with the
religious or spiritual service or worship of a deity or spirit power; or
     (C) Was or is needed by traditional native
Indian religious leaders for the practice of traditional native Indian
religion.
     (L) “State police” has the meaning given
that term in ORS 181.010.
     (2) The terms set forth in subsection
(1)(e), (f), (g), (h) and (k) of this section shall be interpreted in the same
manner as similar terms interpreted pursuant to 25 U.S.C. 3001 et seq. [1983
c.620 §1; 1993 c.459 §1; 1995 c.588 §1]
     358.910
Policy. The Legislative
Assembly hereby declares that:
     (1) Archaeological sites are acknowledged
to be a finite, irreplaceable and nonrenewable cultural resource, and are an
intrinsic part of the cultural heritage of the people of
     (2) The State of
     358.915
Application. The provisions
of ORS 192.005, 192.501 to 192.505, 273.990, 358.905 to 358.961 and 390.235 do
not apply to a person who unintentionally discovers an archaeological object
that has been exposed by the forces of nature on public land or private
property and retains the object for personal use, except for sacred objects,
human remains, funerary objects or objects of cultural patrimony. [1983 c.620 §15;
1993 c.459 §3]
     358.920
Prohibited conduct; exception; penalty. (1)(a) A person may not excavate, injure, destroy or alter an
archaeological site or object or remove an archaeological object located on
public or private lands in
     (b) Collection of an arrowhead from the
surface of public or private land is permitted if collection can be
accomplished without the use of any tool.
     (c) It is prima facie evidence of a
violation of this section if:
     (A) A person possesses the objects
described in paragraph (a) of this subsection;
     (B) A person possesses any tool that could
be used to remove such objects from the ground; and
     (C) A person does not possess a permit
required under ORS 390.235.
     (2) A person may not sell, purchase,
trade, barter or exchange or offer to sell, purchase, trade, barter or exchange
any archaeological object that has been removed from an archaeological site on
public land or obtained from private land within the State of Oregon without
the written permission of the landowner.
     (3)(a) A person may not sell, trade,
barter or exchange or offer to sell, trade, barter or exchange any
archaeological object unless the person furnishes the purchaser a certificate
of origin to accompany the object that is being sold or offered. The certificate
shall include:
     (A) For objects obtained from public land:
     (i) A statement that the object was
originally acquired before October 15, 1983.
     (ii) The location from which the object
was obtained and a brief cumulative description of how the object had come into
the possession of the current owner in accordance with the provisions of ORS
358.905 to 358.961 and 390.235.
     (iii) A statement that the object is not
human remains, a funerary object, sacred object or object of cultural
patrimony.
     (B) For objects obtained from private
land:
     (i) A statement that the object is not
human remains, a funerary object, sacred object or object of cultural
patrimony.
     (ii) A copy of the written permission of
the landowner to acquire the object.
     (b) As used in this subsection, “certificate
of origin” means a signed and notarized statement that meets the requirements
of paragraph (a) of this subsection.
     (4)(a) If the archaeological object was
acquired after October 15, 1983, from public lands, any object not described in
paragraph (b) of this subsection is under the stewardship of the state and
shall be delivered to the Oregon State Museum of Anthropology. The museum shall
work with the appropriate Indian tribe and other interested parties to develop
appropriate curatorial facilities for artifacts and other material records,
photographs and documents relating to the cultural or historic properties in
this state. Generally, artifacts shall be curated as close to the community of
their origin as their proper care allows. If it is not feasible to curate
artifacts within this state, the museum may after consultation with the
appropriate Indian tribe or tribes enter into agreements with organizations
outside this state to provide curatorial services; and
     (b) If the object is human remains, a
funerary object, a sacred object or an object of cultural patrimony, it shall
be dealt with according to ORS 97.740, 97.745 and 97.750.
     (5) A person may not excavate an
archaeological site on privately owned property unless that person has the
property ownerÂ’s written permission.
     (6) If human remains are encountered
during excavations of an archaeological site on privately owned property, the
person shall stop all excavations and report the find to the landowner, the
state police, the State Historic Preservation Officer and the Commission on
Indian Services. All funerary objects relating to the burial shall be delivered
as required by ORS 358.940.
     (7) This section does not apply to a
person who disturbs an Indian cairn or burial. Any person who disturbs an
Indian cairn or burial for any reason shall comply with the provisions of ORS
97.740 to 97.760.
     (8) Violation of the provisions of this
section is a Class B misdemeanor. [1983 c.620 §3; 1993 c.459 §4; 1995 c.543 §4;
1997 c.249 §115]
     358.923
When collection may be held notwithstanding ORS 358.920 (3) and (4). Notwithstanding the provisions of ORS
358.920 (3) and (4), any collection of objects described in those subsections
may be held if the collection:
     (1) Is kept within this state;
     (2) Is curated under customary museum
standards; and
     (3) Is available for nondestructive study
by museums and educational institutions located in this state. [1993 c.459 §16]
     Note: 358.923 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 358 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
     358.924
Objects held unlawfully considered contraband; seizure; procedure; disposition
of seized objects. (1)
Archaeological objects, funerary objects, human remains, sacred objects and
objects of cultural patrimony that are held in violation of the provisions of
ORS 358.920 or 390.235 are contraband. A police officer shall seize all items
declared to be contraband under the provisions of this section if the police
officer has reasonable cause to believe the items are held in violation of the
provisions of ORS 358.920 or 390.235.
     (2) A law enforcement agency employing a
police officer who seizes contraband items under this section shall give notice
of the seizure to the district attorney for the county in which the items are
seized. The district attorney shall promptly investigate to determine whether
any person claims the items seized.
     (3) If any person claims items seized
under this section, the district attorney shall file a petition with the
circuit court for the county for an expedited hearing on the claim. The court
shall conduct a hearing for the sole purposes of determining:
     (a) Whether the items are archaeological
objects, funerary objects, human remains, sacred objects or objects of cultural
patrimony;
     (b) Whether any arrowheads seized under
this section were collected in compliance with ORS 358.920 (1)(b); and
     (c) Whether a person claiming an item
other than an arrowhead can lawfully possess the item under ORS 358.905 to
358.961.
     (4) If items seized under this section are
not claimed by any person, or the circuit court determines that the items may
not be returned to the claimant under the provisions of subsection (3) of this
section:
     (a) Archaeological objects shall be
delivered to the Oregon State Museum of Anthropology and curated as described
in ORS 358.920 (4)(a).
     (b) Funerary objects, human remains,
sacred objects and objects of cultural patrimony shall be returned to the
appropriate tribe for reinterment or other disposition as provided in ORS
358.940. [2001 c.739 §2]
     Note: 358.924 and 358.928 were added to and made a
part of 358.905 to 358.961 by legislative action but were not added to any
smaller series therein. See Preface to Oregon Revised Statutes for further
explanation.
     358.925
Seizure of instrumentalities and proceeds of certain violations; forfeiture;
procedure. (1) Violation of
ORS 358.920 or 390.235 is prohibited conduct for the purposes of ORS chapter
475A. Proceeds and instrumentalities of a violation of ORS 358.920 or 390.235
may be seized and forfeited in the manner provided by ORS chapter 475A. An
action for civil forfeiture under this section may be commenced by the Attorney
General or by the district attorney for the county in which any of the property
is seized.
     (2) Property subject to forfeiture under
this section may be seized by a police officer upon court process. Seizure
without process may be made if:
     (a) The seizure is incident to a lawful
arrest or search or an inspection under an administrative inspection warrant;
or
     (b) The property subject to seizure has
been the subject of a prior judgment in favor of the state.
     (3) In the event of a seizure under subsection
(1) of this section, a forfeiture proceeding shall be instituted promptly.
Property taken or detained under this section shall not be subject to replevin,
but is deemed to be in the custody of the police officer making the seizure,
subject only to the order of the court. When property is seized under this
section, pending forfeiture and final disposition, the police officer may:
     (a) Place the property under seal;
     (b) Remove the property to a place
designated by the court; or
     (c) Require another agency authorized by
law to take custody of the property and remove it to an appropriate location.
     (4) In any action brought under this
section, the circuit court shall give priority to the hearing and
determination. Pending final determination, the circuit court may at any time
enter such injunctions, prohibitions or restraining orders, or take such
actions as the court may deem proper.
     (5) A judgment rendered in favor of the
state in any criminal proceeding for a violation of ORS 358.920 or 390.235
shall estop the defendant in any subsequent civil action or proceeding brought
by the state or any other person as to all matters as to which such judgment
would be an estoppel as between the state and the defendant.
     (6) Notwithstanding any provision of ORS
chapter 475A, after entry of a judgment of forfeiture in an action under this
section, a forfeiting agency shall deliver the forfeited property and proceeds
of the forfeited property to the Commission on Indian Services after making any
deductions allowed for costs incurred by the forfeiting agency. The commission
shall deliver the property and proceeds to the appropriate Indian tribe, as
designated by the commission. If there is no appropriate Indian tribe, the
commission shall use the property and proceeds for Indian historic
preservation. [1983 c.620 §4; 1993 c.459 §5; 2001 c.739 §4; 2003 c.576 §437]
     358.928
Alternative method for seizure and forfeiture of instrumentalities and proceeds
of certain violations; procedure. (1) All instrumentalities or proceeds from the violation of the
provisions of ORS 358.920 to 358.955 or 390.235 are subject to civil forfeiture
to the appropriate Indian tribe, as designated by the Commission on Indian
Services. All forfeitures under this section shall be made with due provision
for the rights of innocent persons.
     (2) Property subject to forfeiture under
this section may be seized by a police officer upon court process. Seizure
without process may be made if:
     (a) The seizure is incident to a lawful
arrest or search or an inspection under an administrative inspection warrant;
or
     (b) The property subject to seizure has
been the subject of a prior judgment in favor of the state.
     (3) Any police officer seizing property
under this section shall promptly contact the Commission on Indian Services.
The commission shall designate the appropriate tribe, and give notice to the
tribe of the seizure. A civil forfeiture proceeding under ORS 358.925 may not
be commenced if the tribe gives written notice that the tribe intends to seek
forfeiture under this section. Notice by the tribe must be given within 30 days
after the commission gives notice to the tribe of the seizure.
     (4) Property seized under this section
shall be held by the police agency that employs the police officer pending judgment
in an action under this section. The property shall not be subject to replevin.
Pending judgment in the action, the police agency may:
     (a) Place the property under seal;
     (b) Remove the property to a place
designated by the court; or
     (c) Require another agency authorized by
law to take custody of the property and remove it to an appropriate location.
     (5) In any action brought under this
section, the circuit court shall give priority to the hearing and
determination. Pending final determination, the circuit court may at any time
enter such injunctions, prohibitions or restraining orders, or take such
actions, including the acceptance of satisfactory performance bonds, as the
court may deem proper.
     (6) The defendant or the tribe may demand
a trial by jury in any civil action brought under this section.
     (7) A judgment rendered in favor of the
state in any criminal proceeding for a violation of ORS 358.920 to 358.955 or
390.235 shall estop the defendant in any action under this section as to all
matters as to which such judgment would be an estoppel as between the state and
the defendant. [2001 c.739 §3; 2003 c.576 §438]
     Note: See note under 358.924.
     358.930 [1983 c.620 §5; 1993 c.459 §6; repealed by
2001 c.739 §10]
     358.935
Forfeiture of seized objects in criminal prosecution. Any instrumentality or proceeds seized under
the provisions of ORS 358.925 shall be preserved and retained. If any
instrumentality or proceeds are not forfeited under ORS 358.925 or 358.928, at
the time the court sentences the defendant in the criminal prosecution for
violation of the archaeology laws the court may order that any instrumentality
or proceeds from a violation of ORS 358.920 or 390.235 be forfeited. [1983
c.620 §6; 1995 c.543 §9; 1999 c.1051 §269; 2001 c.104 §123; 2001 c.739 §5]
     358.940
Reinterment required; notice to appropriate Indian tribe or Commission on Indian
Services. (1) A person who
disturbs native Indian remains or a funerary object at or associated with an
archaeological site shall reinter at the personÂ’s expense those remains or
funerary objects under the supervision of an Indian tribe as provided in ORS
97.750.
     (2) Any native Indian sacred object,
object of cultural patrimony or native Indian funerary object shall be reported
to the appropriate Indian tribe and the Commission on Indian Services. The
appropriate Indian tribe, with the assistance of the State Historic
Preservation Officer, shall arrange for the return of any objects to the
appropriate Indian tribe. [1983 c.620 §7; 1993 c.459 §7]
     358.945
Notice required upon finding of object; exception. (1) If a person who is conducting an
archaeological investigation on public lands according to the provisions of ORS
390.235 or on private land with the ownerÂ’s written permission finds a sacred
object or object of cultural patrimony, the person conducting the
archaeological investigation shall notify in writing:
     (a) The State Historic Preservation
Officer; and
     (b) The appropriate ethnic group,
religious group or Indian tribe with which the object is associated.
     (2) If a sacred object or object of
cultural patrimony is recovered on any land, the State Historic Preservation
Officer shall assist the appropriate group to repossess the object.
     (3) This section does not apply to the
contents of an Indian cairn or burial regulated under ORS 97.740 to 97.760.
     (4) Failure to notify the appropriate
Indian tribe as required by subsection (1)(b) of this section is a Class B
misdemeanor. [1983 c.620 §8; 1993 c.459 §8; 1995 c.543 §5; 1997 c.249 §116;
2001 c.104 §124]
     358.950
When notice to Indian tribe required; report; penalty. (1) Any person who conducts an
archaeological excavation associated with a prehistoric or historic American
Indian archaeological site shall notify the most appropriate Indian tribe. The
notification shall include, but not be limited to:
     (a) The location and schedule of the
forthcoming excavation;
     (b) A description of the nature of the
investigation; and
     (c) The expected results of the
investigation.
     (2) After notifying the appropriate Indian
tribe under subsection (1) of this section, the person conducting the
archaeological excavation shall consult a representative of the tribe to
establish a procedure for handling sacred objects recovered during the
archaeological excavation.
     (3) A delegate from the appropriate Indian
tribe may be present during the excavation.
     (4) If requested, the Commission on Indian
Services shall assist a person in locating the appropriate Indian tribe.
     (5) At the conclusion of the
investigation, the person conducting the excavation shall prepare and forward a
copy of a report on excavation findings to the Commission on Indian Services
and to the appropriate Indian tribe.
     (6) Failure to notify the appropriate
Indian tribe as required by subsection (1) of this section is a Class B
misdemeanor. [1983 c.620 §9; 1985 c.198 §4; 1995 c.543 §6]
     358.953
Compensation to property owner deprived of lawful use of property; expense of
removal. (1) Under the
provisions of ORS 358.905 to 358.961, if a property owner is deprived of an
otherwise lawful use of private property, the state shall compensate the
property owner for the loss in value under the procedures set forth in ORS
chapter 35.
     (2) Notwithstanding any other provision of
law, if human remains, funerary objects, sacred objects or objects of cultural
patrimony are removed from private property at a tribeÂ’s request, the tribe
shall pay the expenses of removal and, at its expense, restore the private
property to its condition prior to the removal. [1993 c.459 §18]
     358.955
Civil enforcement. (1) Any
person or the Attorney General, on behalf of the state, may institute a civil
proceeding against a person who violates the provisions of ORS 358.920,
358.945, 358.950 or 390.235. In such proceeding, relief shall be granted in
conformity with the principles that govern the granting of injunctive relief in
other civil cases, except that no showing of special or irreparable damage to
the person shall have to be made. Upon the execution of the proper bond against
damages for an injunction improvidently granted and a showing of immediate
danger of significant loss or damage, a temporary restraining order or a
preliminary injunction may be issued in any such action before a final
determination on the merits.
     (2) In any proceeding brought under this
section, the court may allow the prevailing party to recover costs, expert
witness fees, and reasonable attorney fees at trial and upon appeal.
     (3) The Attorney General may, upon timely
application, intervene in any civil action or proceeding brought under
subsection (1) of this section if the Attorney General certifies that in the
opinion of the Attorney General, the action or proceeding is of general public
importance. In such action or proceeding, the state shall be entitled to the
same relief as if the Attorney General instituted the action or proceeding. [1983
c.620 §10; 2001 c.739 §6]
     358.958
Remedies not precluded. The
application of one civil remedy under any provision of ORS 358.905 to 358.961
does not preclude the application of any other remedy under ORS 358.905 to
358.961 or under any other provision of statutory or common law. [2001 c.739 §8]
     358.961
Time limitations on actions or proceedings; tolling of statute. Notwithstanding any other provision of law,
a criminal or civil action or proceeding for a violation of ORS 358.920 to
358.955 and 390.235 may be commenced at any time within five years after the
conduct in violation of a provision of ORS 358.920 to 358.955 and 390.235
terminates or the cause of action accrues. If a criminal prosecution, civil
action or other proceeding is brought to punish, prevent or restrain any
violation of the provisions of ORS 358.920 to 358.955 or 390.235, the running
of the period of limitations prescribed by this section with respect to any
cause of action arising under ORS 358.955 that is based in whole or in part
upon any matter complained of in any such prosecution, action or proceeding
shall be suspended during the pendency of such prosecution, action or
proceeding and for two years following its termination. [2001 c.739 §9]
_______________
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